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(영문) 광주고등법원 2018.09.06 2017누5965
행정대집행계고처분취소
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. The Plaintiff’s illegal reclamation, nationalization, and concession of public waters 1) from January 1, 1984 to February 31, 1988, without obtaining a license under Article 4 of the former Public Waters Reclamation Act (amended by Act No. 3901, Dec. 31, 1986) and specified the Plaintiff’s land B with the area of 19,494 square meters and C land 578 square meters (hereinafter referred to as “land number”).

(2) On October 27, 1986, the Plaintiff: (a) filed an application for exemption from the duty to restore public waters with the former Do governor; and (b) on November 6, 1986, the former Do governor exempted the Plaintiff from the duty to restore public waters on condition that the Plaintiff nationalized B and C land in accordance with Article 26(2) and (3) of the former Public Waters Reclamation Act; and (c) around December 1986, the Plaintiff granted permission to occupy and use public waters.

3) On November 26, 2008, upon application of the Mineyang City, Korea’s disuses under Article 30 of the former State Property Act (amended by Act No. 9401 of Jan. 30, 2009) with respect to illegal reclaimed land including B and C before subdivision, and the terms of miscellaneous property, one of the State Property Act was amended by Act No. 9401 of Jan. 20, 2009, as the State Property Act was amended by Act No. 9401 of Jan. 20, 2009. The terms of miscellaneous property, which is a state property, were modified into general property. The terms of miscellaneous property, as the Public Property and Commodity Management Act was amended by Act No. 9174 of Dec. 26, 2008, were modified into general property (hereinafter “miscellaneous property”).

(4) After classifying the public waters as a whole, the State Property Act shall be transferred in a lump sum pursuant to Article 45 of the former State Property Act at the Mineyang-si and concluded a concession agreement on December 30, 1989. Accordingly, the Republic of Korea completed the registration of initial ownership of B and C land before subdivision on October 25, 1989, and on January 22, 1990, completed the registration of initial ownership transfer based on the transfer under the name of Mineyang-si. 4) Some illegal exporters of public waters subject to transfer from around 1989 to 1991 of the former Enforcement Decree of the Local Finance Act shall be designated by the Presidential Decree on December 29, 1987.

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