Main Issues
If the non-corporate association obtains a license for reclamation of public waters, the authorization for completion shall be made against the limit comprised of the members of the licensing party. Even if the association withdraws from or newly joined the association in accordance with the procedures set out in the rules of the family community, the authorization for completion shall be null and void unless the licensing authority approves the association as members of the association at the time of completion.
Summary of Judgment
If a fraternity which is an unincorporated association obtains a license for reclamation of public waters, it shall be done against the limit composed of members at the time of the license when completion is made, and it shall be null and void for a limit consisting of members in accordance with the procedures set by the rules of the family community.
[Reference Provisions]
Article 12 of the Public Waters Reclamation Act, Article 14 of the Public Waters Reclamation Act, Article 20 of the Public Waters Reclamation Act, Article 275 of the Civil Act
Plaintiff-Appellee
Plaintiff
Plaintiff and Intervenor
Plaintiff Intervenor 1 and 50 others
Defendant-Appellant
The Minister of Construction and Transportation
Defendant Intervenor, Appellant
East Domini Agriculture System
Judgment of the lower court
Seoul High Court Decision 68Gu78 delivered on August 16, 1969
Text
The appeal is dismissed.
Of the costs of appeal, the part arising from the appeal by the defendant is borne by the defendant, and the part arising from the appeal by the defendant joining the defendant is borne by the defendant.
Reasons
The grounds of appeal by the defendant, his attorney and sub-agent are examined.
However, according to the reasoning of the judgment of the court below, the court below reasoned that the above public waters reclamation business was created and managed by reclaiming the public waters of this case with 64 members including the plaintiff for the common purpose, and that the authorization of reclamation of this case was applied to the non-corporate association composed of 64 members, and that the reclamation business operator obtained the ownership of the reclaimed land on the date of obtaining the authorization of the completion, and that the reclamation business operator acquired the ownership of the reclaimed land under the above public waters reclamation business by comparing the above 64 members' rights and duties under the above public waters reclamation business in view of the legal nature of the above non-corporate association, and that the 12 members at the time of completion of the reclamation business of this case were not jointly owned by the above 64 members at the time of the above public waters reclamation business under the premise that the change in the ownership rights and duties of the 6th members at the time of the above public waters reclamation business in the name of the 6th members at the time of the above public waters reclamation business in view of the list or the number of members at the above 6th members's opinion.
Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.
Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)