충남 남포지구 부사공구 매립지 귀속 지방자치단체 결정 취소
All of the instant lawsuits are dismissed.
Litigation costs shall be borne by the plaintiff.
1. Following the developments leading up to the instant decision may be acknowledged either as a dispute between the parties, or as a whole as to the entries in Gap evidence 1, 2, and 6.
On January 24, 1985, Chungcheongnam-do, Chungcheongnam-do, with the approval of reclamation of public waters from the Minister of Agriculture, Forestry and Fisheries, implemented the reclamation project of public waters of Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, with the aim of reclaiming the area of 11,913,69.5 square meters (it was approved as 19,100,000 square meters per second, and thereafter changed as above; hereinafter “instant reclaimed land”).
B. On May 8, 2012, the Minister for Food, Agriculture, Forestry and Fisheries filed an application with the Defendant for the determination of a local government to which the instant reclaimed land belongs. On July 23, 2014, the Defendant decided to vest the instant reclaimed land in the district of Bocheon-gun and Seocheon-gun (hereinafter “decision to vest in reclaimed land”) and made a decision to enter the primary purport of the claim that imposes some of the expenses for managing the existing reclaimed land borne by Bocheon-gun (hereinafter “decision to share the expenses”) on the part of the expenses for managing the reclaimed land (hereinafter “decision to share the expenses”).
C. Meanwhile, the Defendant, via the instant disposition, notified the Plaintiff of the “to implement the procedure pursuant to Article 148(4) and (5) of the Local Autonomy Act and to submit an implementation plan pursuant to Article 86 of the Enforcement Decree of the same Act.”
(hereinafter “instant notice”). 2. Determination as to the legitimacy of the instant lawsuit
A. (1) The Local Autonomy Act provides that local governments to which reclaimed land pursuant to the Act on the Management and Reclamation of Public Waters belongs shall be determined by the Minister of Government Administration and Home Affairs (Article 4(3)), and the head of the relevant local government shall be the head of the local government.