Effect of authorization of completion of reclamation of land for which reclamation has not been completed;

Since authorization of completion of reclamation of land for which reclamation has not been completed is an administrative disposition for invalidation due to a grave and obvious defect, the above authorization of completion of reclamation is valid, the above land sales contract between the plaintiffs and the Minister of Agriculture and Fisheries and the Minister of Agriculture and Fisheries has no validity.

Article 12 of the Land Clearing Promotion Act (Gu)

Plaintiff 1 and 10 others

Korea

Busan District Court (78Gahap1264)

(1) Revocation of the original judgment shall be revoked.

(2) The plaintiffs' claims are dismissed.

(3) The costs of lawsuit are assessed against the plaintiffs in both the first and second instances.

With respect to the real estate stated in the attached list, the defendant will implement the procedure for the registration of ownership transfer for sale on November 27, 1972 to the plaintiff 21, 2, 3, and 42/42, to the plaintiff 5, to the plaintiff 6/42, to the plaintiff 6/42, to the plaintiff 6/42, to the plaintiff 42, to the plaintiff 7, 8, 9, 10, and 11, to the plaintiff 1/42, and to each share.

Litigation costs shall be borne by the defendant.

The same shall apply to the order.

The real estate stated in the annexed list is originally divided by Nonparty 1 from 29 information about forest land (number 1 omitted) in Busan Dongdong-dong, Busan, which was permitted to develop by Busan City on February 3, 1964 under the Land Reclamation Promotion Act. Nonparty 1’s right to permit the reclamation of forest land 29 information was transferred before October 20, 1972, Plaintiff 1 and Nonparty 2 acquired this right on October 26, 1976, Nonparty 2 died on October 26, 1976, and the remaining plaintiffs except Plaintiff 1 shared inheritance of the real estate. Nonparty 1 did not dispute between the parties, and Nonparty 3 did not have a duty to jointly inherit the real estate purchase price of Nonparty 5-2 ( Receipt), Nonparty 5-3 (Land Number 1 omitted), and the pertinent provision of the Land Development Act and the purport of the sale of forest land 29-1, which was divided by Nonparty 216 to Nonparty 2, 197.

However, in light of the following facts: (a) No. 2; (b) No. 12; (c) No. 12; and (d) No. 2 through No. 20 (written authorization for completion) as the result of the fact-finding conducted by the party members; and (d) No. 4) as the result of the fact-finding conducted on the above land without dispute, the Busan City Mayor’s authorization for completion of the reclamation was deemed to individually granted authorization for each of the above land to 3 and 18 persons, who were the holders of the right to permit the reclamation of the above land, on July 22, 1966; (b) No. 1); and (c) No. 1); and (d) No. 4); (c) as the result of the fact-finding conducted on the above land, the number and category of the land to be reclaimed, including the above land; and (d) No. 1); and (e) the fact-finding and verification of the land reclamation conducted without any dispute over the above land reclamation conducted after the completion of the land.

Therefore, the above sale contract between the plaintiff 1, the non-party 2 and the Minister of Agriculture and Fisheries on the real estate of this case, which was conducted on the premise that the authorization of completion of the above reclamation on the real estate of this case is valid, shall not be effective. Thus, the plaintiffs' claim of this case shall be dismissed without any reason without examining the remaining arguments of the defendant.

Therefore, since the original judgment is deemed to be unfair by different conclusions, it shall be revoked, and the burden of litigation costs shall be determined as per Disposition by applying Articles 96, 89, and 93 of the Civil Procedure Act to the burden of litigation costs.

Judges fixed ticket (Presiding Judge) Mobile Engines