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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a stock company established on October 10, 2005 for the purpose of collecting and selling aggregate.
B. B, from January 1, 1984 to February 1, 1988, without obtaining a license under Article 4 of the former Public Waters Reclamation Act (amended by Act No. 3901, Dec. 31, 1986; hereinafter the same) and buried public waters corresponding to C’s land 19,494 square meters and D’s land 578 square meters prior to subdivision (hereinafter the same shall apply).
B applied for exemption from the duty to restore public waters to Jeonnam-do Governor on October 27, 1986, and Jeonnam-do Governor exempted B from the duty to restore public waters on condition that B nationalizes C and D land before subdivision pursuant to Article 26(2) and (3) of the former Public Waters Reclamation Act on November 6, 1986.
C. Korea’s disuse under Article 30 of the former State Property Act (amended by Act No. 9401, Jan. 30, 2009; hereinafter the same) with respect to illegal reclaimed land, including C and D’s land, prior to subdivision upon request from the Mayang-si on November 1, 1989 to December 12, 199; the term “general property” was changed to general property as one of the State Property Act was amended by Act No. 9401, Jan. 30, 2009; and the term “public property and Commodity Management Act” was changed to general property. As the term “general property” was amended by Act No. 9174, Dec. 26, 2008;
(hereinafter referred to as “general property”), regardless of the change in terms, was classified into “general property” and was to be transferred en bloc pursuant to Article 45 of the former State Property Act at the time of Mineyang and concluded a concession agreement on December 30, 1989.
Accordingly, on October 25, 1989, the Republic of Korea completed the registration of ownership preservation for C and D land before the subdivision, and on January 22, 1990, completed the registration of ownership transfer based on the transfer under the name of Mineyang-si.
C The land was subsequently divided and merged as follows.
On October 25, 1989, 25 October 25, 1989