Even if the Minister of Construction and Transportation grants a license for reclamation of public waters without the consent of the person who has the right to the public waters within the reclamation zone, the above license cannot be said to be null and void automatically.

When the Minister of Construction and Transportation grants a license for reclamation of public waters, even if he/she did not consent to the person who has the right to the public waters within the reclaimed zone, the said license cannot be viewed as null and void per annum.

Article 5 of the Public Waters Reclamation Act

Plaintiff

Defendant 1 and four others

Seoul High Court Decision 70Na1650 delivered on December 11, 1970

The appeal is dismissed.

The costs of the appeal lawsuit shall be borne by the Defendants.

[Defendant-Appellant] The Defendants’ Appellant’s grounds of appeal are examined.

Point 1,

Even if the Minister of Construction and Transportation grants a reclamation license without the consent of the person who has the right to the public waters in the reclamation zone, the above license cannot be deemed to be null and void as a matter of course, and the defendant et al. filed a lawsuit against the Minister of Construction and Transportation to cancel the administrative disposition of the reclamation license of public waters and confirmed as a loss against the defendants, the court below did not err in the misapprehension of the legal principle as to the disposition of the reclamation authorization of public waters as to the land in this case based on the records that the Minister of Construction and Transportation determined that the disposition of the

Point 2,

According to the reasoning of the judgment below, the court below recognized the fact that the original site was the public waters of the Public Waters Reclamation Act in the original site after compiling each evidence at the time of original judgment, and the plaintiff obtained the authorization of completion of reclamation from the Minister of Construction and Transportation after obtaining the reclamation license from the Minister of Construction and Transportation, and completed the reclamation work after obtaining the reclamation license from the public waters, and it is not recognized that there was a mistake of misconception of the facts in violation of the rules of evidence in the above fact-finding process.

Therefore, the appeal shall be dismissed according to the consistent opinion of the participating judges, and the costs of the lawsuit shall be borne by the losing judge and it is so decided as per Disposition.

Judge Do-dong (Presiding Judge) of the Supreme Court