B-157349, JUN. 19, 1967

B-157349: Jun 19, 1967

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SANG-UI: WE HAVE RECEIVED YOUR LETTERS OF MAY 19 AND MAY 22. YOUR PROPERTY WAS MADE AVAILABLE FOR USE AS A ROCK QUARRY TO THE UNITED STATES AND UNITED NATIONS FORCES IN KOREA BY THE GOVERNMENT OF THE REPUBLIC OF KOREA. IT WAS UNDERSTOOD THAT "ALL NEGOTIATIONS WITH THE OWNER AND/OR TENANT OF THE PROPERTY THUS ACQUIRED FOR THE US/UN FORCES SHALL BE BETWEEN THE REPUBLIC OF KOREA AND THE OWNER AND/OR TENANT OF THE PROPERTY.'. IT WAS UNDERSTOOD "THAT ALL CLAIMS FOR RENT OR DAMAGES ARISING OUT OF THE OCCUPANCY AND/OR USE OF THE PROPERTY BY US/UN FORCES SHALL BE SETTLED WITH THE CLAIMANTS BY THE GOVERNMENT OF THE REPUBLIC OF KOREA.'. YOUR PROPERTY WAS REQUISITIONED BY THE GOVERNMENT OF KOREA FOR USE AS A ROCK QUARRY BY THE UNITED STATES.

B-157349, JUN. 19, 1967

TO MR. LEE, SANG-UI:

WE HAVE RECEIVED YOUR LETTERS OF MAY 19 AND MAY 22, 1967, REQUESTING THAT WE AGAIN RECONSIDER OUR DENIAL OF YOUR CLAIM IN THE AMOUNT OF $164,316 AGAINST THE UNITED STATES ON ACCOUNT OF ROCK REMOVED FROM YOUR QUARRY IN KOREA DURING THE PERIOD 1957 TO 1964.

YOUR PROPERTY WAS MADE AVAILABLE FOR USE AS A ROCK QUARRY TO THE UNITED STATES AND UNITED NATIONS FORCES IN KOREA BY THE GOVERNMENT OF THE REPUBLIC OF KOREA. IT WAS UNDERSTOOD THAT "ALL NEGOTIATIONS WITH THE OWNER AND/OR TENANT OF THE PROPERTY THUS ACQUIRED FOR THE US/UN FORCES SHALL BE BETWEEN THE REPUBLIC OF KOREA AND THE OWNER AND/OR TENANT OF THE PROPERTY.' AND, FURTHER, IT WAS UNDERSTOOD "THAT ALL CLAIMS FOR RENT OR DAMAGES ARISING OUT OF THE OCCUPANCY AND/OR USE OF THE PROPERTY BY US/UN FORCES SHALL BE SETTLED WITH THE CLAIMANTS BY THE GOVERNMENT OF THE REPUBLIC OF KOREA.'

YOUR PROPERTY WAS REQUISITIONED BY THE GOVERNMENT OF KOREA FOR USE AS A ROCK QUARRY BY THE UNITED STATES. IT WAS, IN FACT, SO USED. IN LIGHT OF THE ABOVE TERMS UNDER WHICH THE PROPERTY WAS MADE AVAILABLE FOR SUCH USE, WE ADVISED YOU IN OUR LETTER OF FEBRUARY 1, 1967, THAT WE CANNOT VIEW THE UNITED STATES AS BEING OBLIGATED TO YOU IN ANY WAY.

YOU CONTENDED EARLIER AND CONTINUE TO MAINTAIN THE POSITION THAT THE BASIS UPON WHICH YOUR PROPERTY WAS FURNISHED FOR USE BY THE UNITED STATES DID NOT EMBRACE THE REMOVAL OF ROCK BUT, RATHER, WAS LIMITED SOLELY TO THE RIGHT OF ACCESS TO AND USE OF THE PREMISES. YOU DISTINGUISH BETWEEN DAMAGES WHICH MAY HAVE RESULTED THROUGH USE OF THE REAL PROPERTY--- SUCH AS CUTTING DOWN TREES AND EXCAVATIONS FOR BUILDINGS--- AND REMOVAL OF THE ROCK ITSELF, THE SO CALLED " MOVABLE ESTATE.' YOU STATE THAT IT IS WITH RESPECT TO DAMAGES IN THE FORMER SENSE FOR WHICH THE KOREAN GOVERNMENT IS RESPONSIBLE UNDER ITS REQUISITION BUT THAT PAYMENT FOR REMOVAL OF THE MOVABLE ESTATE IS A UNITED STATES RESPONSIBILITY.

WE FULLY APPRECIATE THE DISTINCTION WHICH YOU MAKE. HOWEVER, WE CANNOT AGREE THAT THE UNITED STATES IS IN ANY WAY LIABLE TO YOU AFTER UTILIZING YOUR PROPERTY FOR THE EXPRESS PURPOSE FOR WHICH IT WAS MADE AVAILABLE BY THE GOVERNMENT OF KOREA UNDER TERMS WHICH PROVIDED FOR ALL NEGOTIATIONS WITH RESPECT TO AND ALL CLAIMS ARISING OUT OF SUCH USE TO BE CARRIED ON AND SETTLED BETWEEN THE GOVERNMENT OF KOREA AND YOURSELF.

IT WAS THE GOVERNMENT OF KOREA WHICH REQUISITIONED YOUR PROPERTY, NOT THE GOVERNMENT OF THE UNITED STATES. EVEN ASSUMING THERE IS ROOM FOR INTERPRETATION ALONG THE LINES YOU SUGGEST OF THE BASIS UPON WHICH THE KOREAN GOVERNMENT MADE AVAILABLE YOUR PROPERTY TO THE UNITED STATES, THAT WOULD CLEARLY BE A MATTER FOR CONSIDERATION BY THE TWO GOVERNMENTS. THERE IS SIMPLY NO BASIS UPON WHICH THIS OFFICE MIGHT UNDERTAKE TO ADJUDICATE A CLAIM ARISING OUT OF THE REQUISITIONING OF PROPERTY BY YOUR GOVERNMENT.

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