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(영문) 대법원 2016.04.28 2014두5118
공유수면매립준공검사변경처분등 취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Article 26 (1) 3 of the former Public Waters Reclamation Act (amended by Act No. 7482 of Mar. 31, 2005; hereinafter “former Public Waters Reclamation Act”) provides that “The total cost of the reclamation work in question as determined by the Presidential Decree among reclaimed land except reclaimed land, the ownership of which is acquired by the State or a local government, shall be the total amount of research cost, design cost, net construction cost, compensation cost and other expenses determined by the Presidential Decree” shall be acquired on the date when the reclamation licensee obtains authorization of completion under Article 25.” Article 20 (4) of the former Enforcement Decree of the Public Waters Reclamation Act (amended by the Presidential Decree No. 19080 of Sep. 30, 2005; hereinafter “former Enforcement Decree of the Public Waters Reclamation Act”) provides that “the total cost of the reclamation work in question as determined by the Presidential Decree” shall be one of the expenses referred to in Article 26 (1) 5 of the former Enforcement Decree of the Public Waters Reclamation Act.

In citing the reasoning of the judgment of the first instance court, the lower court: (a) citing the reasoning of the judgment, the Plaintiffs: (b) completed a reclamation license for the instant reclamation work on December 24, 2002 from the Defendant on December 24, 2002; and (c) completed a replacement facility for the North Korean Public Waters Sheet that ceases to exist due to the reclamation of public waters (hereinafter “instant substitute facility”) at the expense and responsibility of the Plaintiffs; and (b) completed the reclamation license on December 24, 2002.

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