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(영문) 대법원 2021.01.14 2015추573
새만금 제1,2호 방조제 구간 귀속 지방자치단체 결정 취소 청구의 소
Text

The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne by the plaintiff, including the part resulting from the participation.

Reasons

1. The details and the following facts of the instant decision do not conflict between the parties, or may be acknowledged upon considering the overall purport of the pleadings as a whole in each of the evidence Nos. 2 and 7.

A. The new gold development project is a national project that constructs a total of 33.9km (including the upper section of the wall and the connecting road) at the world’s maximum limit of tides around the world that connects the inside to the outside to the outside of the Gun of Jeollabuk-do, Jeollabuk-do, Kim Jong-si, and the Gunsan-si, and reclaims the inside and reclaims the inside, thereby forming two drainages, two eight thousand eight thousands of land, and eight1,810 of the wall number.

B. Each tide embankment, which is an external facility of public waters reclaimed, consists of the section of 4.7km connecting e.g., e., e., g., e., g., e., g., e., g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g.

Of them, the tide embankment No. 1 was completed on December 30, 1998, and the rest of the tide embankment No. 2, 3, and 4 was completed on December 2009, and the outer tide embankment was completed.

(c)

On March 12, 2013, the Minister of Agriculture and Forestry requested the Defendant (the revision of the Government Organization Act changes the organization and name several times with the amendment of the organization of the government; hereinafter referred to as “Defendant”) to determine the local government to which the reclaimed land in the area of 1 and 2 embankment No. 1 and 2 shall belong, based on Article 4(4) of the Local Autonomy Act.

(d)

In full view of the following circumstances on October 26, 2015, the Central Dispute Mediation Committee on Local Governments (hereinafter referred to as the “Committee”) under the jurisdiction of the Defendant and the local government under its jurisdiction (hereinafter referred to as “local government’s Central Dispute Mediation Committee”) shall state the purport of the claim among the reclaimed land of the embankment No. 1 from the new tide embankment No. 1 (hereinafter referred to as “No. 1”) with the local government belonging to the Gunan-gun, Jeollabuk-do, and the part excluding the 495, 496 (i.e., the non-section of the military mountain city’s rooftop map) and the remainder (hereinafter referred to as “No. 1 tide embankment”).

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