Ownership of reclaimed land required for official or public use;

Since the reclaimed land to be reverted to the State or a public organization of the former Public Waters Reclamation Act (amended by Act No. 1633 of May 2, 1964) and the proviso of Article 24 (1) of the former Public Waters Reclamation Act (amended by Act No. 1633 of May 2, 1964) need to be properly managed by the State or a public organization to use it for public or public welfare, the administrative agency granting the license for the reclamation of public waters must at least designate the reclaimed land which needs to be reverted to the State or a public organization as a licensing condition, and it cannot be designated as such by the administrative agency at least as it does not have to belong to the State or a public organization. Therefore, if it is deemed necessary to revert to the reclaimed land for public use or public interest, it is reasonable to ratification that the special condition designated as owned by the State or a

Article 24 of the Public Waters Reclamation Act

Shipbuilding Industries Corporation

Korea Telecommunication Corporation

Busan District Court (4294 Civil Code65)

We reverse the original judgment.

The case shall be remanded to Busan District Court Panel Division.

Each of the grounds of appeal by Defendant, etc. by Defendant, etc. are as listed in the annexed appellate brief.

First, we examine the first ground for appeal of interest by the defendant's attorney-at-law.

According to Article 28 (1) of the Enforcement Rule of the Public Waters Reclamation Act, if the reclaimed land is reverted to the State or a public organization, and Article 24 (2) of the same Rule provides that it shall be reverted to the State or a public organization, and Article 24 (1) of the same Rule provides that if the reclamation is authorized under Article 22 of the same Act, the person who obtains the reclamation license shall acquire the ownership of the purchased land at the date of the authorization of the completion: Provided, That the same shall not apply where the above Acts and subordinate statutes and regulations are stipulated as those necessary for public use or for public use, and if the law is determined by organicly related to the above Acts and subordinate statutes and regulations, it shall belong to the licensee at the time of the authorization of completion of the reclamation project, and it shall be deemed that it belongs to the State or a public organization at least to be reverted to the State or a public organization if it is necessary to establish that the reclamation license belongs to the State or a public organization for public use or for public use.

Therefore, if the court below examines the contents 1 and 3 of Eul evidence Nos. 5-1 and 5-3, it can be recognized that the road bank, ditch, and bank Twitman of public waters reclaimed land is land which requires official use or public use, and that this is a trip to be designated as a state-owned property at the time of the reclamation license at a certain time or at a certain time, and the contents in each 1 and 2 of Eul evidence Nos. 3 and 4 as well as the area of Ho Twitwon is a part belonging to the sea on the basis of the line in vertical line (whether the court below divided this point, it cannot be known), and it can be recognized that the court below's determination on the ground of appeal Nos. 1 and 6 of this case is necessary for the purpose of public use. Thus, the court below's determination on the ground of appeal No. 4 of this case can be reversed and it can be acknowledged that the court below's determination on the ground of appeal No. 6 of this case was without merit.

Judges Kim Kim-gn (Presiding Judge)