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(영문) 수원지방법원 2018.09.14 2017가합18234
지적정정절차협력의무 이행의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was a public corporation established pursuant to the Korea Rural Community Corporation and Farmland Management Fund Act, and the name at the time of December 31, 1998 was the Rural Development Corporation. However, following the amendment of the relevant Act and subordinate statutes, each of the names was changed to the Plaintiff through the Korea Rural Infrastructure Corporation and the Korea Rural Community Corporation, and the rights and obligations were comprehensively succeeded.

Pursuant to Articles 4 and 29 of the former Public Waters Reclamation Act (wholly amended by Act No. 5911, Feb. 8, 1999; hereinafter referred to as the “former Public Waters Reclamation Act”), a license for reclamation of public waters for creating reclaimed farmland in the K Zone with the following contents was obtained from the Minister of Agriculture and Forestry:

The purpose of reclamation of the public waters reclamation area of 4,396ha (the area of reclamation can be adjusted by the survey within the scope of the licensing area at the time the implementation plan is authorized) from the date of the license for completion of the comprehensive reclamation development project, the purpose of which is primarily for the creation of farmland in the area of the reclamation site in Ansan-si, Sinsan-si, and Seosung-gun Neng-gun (the area of reclamation can be adjusted by the survey within the licensing area) 10 years from the date of the license for completion of the reclamation project

B. Since then, while the Plaintiff was running an O business (hereinafter “the instant business”), it was not subject to the application for cancellation of the registration of the relevant land as of May 20, 2015 and was divided into P on July 1, 2011, pursuant to Article 84, subparagraph 1, and 4 of Article 87 of the former Land Survey, Waterway Survey, and Cadastral Records Act (amended by Act No. 12738, Jun. 3, 2014; hereinafter “former Cadastral Records Act”) and enforced on June 4, 2015, pursuant to Article 84, subparagraph 1, and 4 of Article 87 of the former Land Survey and Cadastral Records Act (hereinafter “former Cadastral Records Act”).

On July 1, 2011, J-si, J-si, is divided into Q on July 1, 201.

Each of the instant lands (hereinafter referred to as “each of the instant lands”) filed an application for cancellation of registration on behalf of the landowner, who is a reclamation licensee of public waters including each of the instant lands, on the grounds that ownership has ceased to exist due to fall as a public water surface.

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