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(영문) 대전고등법원 2018.04.04 2017누13675
변상금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the part of the reasoning of the judgment, except for supplement of the judgment as provided in paragraph (3). Thus, this is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Addition of judgment

A. The alleged land of this case constitutes the remaining reclaimed land under Article 14(3) of the former Public Waters Reclamation Act (amended by Act No. 3901 of Dec. 31, 1986 and amended by Act No. 5337 of Apr. 10, 197; hereinafter “former Public Waters Reclamation Act”), and thus, the Hyundai Construction Co., Ltd. (hereinafter “former Construction”) granted a reclamation license acquired its ownership.

Therefore, the defendant's disposition imposing indemnity of this case on the premise that the owner of this case is the state is null and void.

(b) A person who has obtained a reclamation license shall acquire the ownership of reclaimed land equivalent to the expenses for such reclamation (including net construction expenses, investigation expenses, compensation expenses and other expenses incurred in the construction related to the relevant reclamation; hereinafter the same shall apply in this Article) from among reclaimed land except reclaimed land necessary for public or public use on the date of obtaining authorization for completion under Article 12 of the former Public Waters Reclamation Act at the time of an application for authorization for its completion;

(2) Reclaimed land at the rate as determined by the Presidential Decree among reclaimed land except reclaimed land acquired by the person holding a license for reclamation referred to in paragraph (1) and reclaimed land necessary for public or public use (hereinafter in this Article referred to as “re reclaimed land”) shall revert to the State at the time of authorization on completion referred to in Article 12, and reclaimed land necessary for public or public use shall revert to the State.

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