2. The costs of lawsuit are assessed against the plaintiffs.

A. The Plaintiff completed the registration of ownership transfer on April 24, 1996 with respect to 1/2 shares out of 2,316 square meters of land C in Bocheon-si (hereinafter “instant land”). Plaintiff B completed the registration of ownership transfer on December 27, 2001 with respect to the remaining 1/2 shares out of the instant land.

B. D (hereinafter “instant reservoir”) exists in the vicinity of the instant plot of land. Of the instant plot of land, the land indicated in the attached table Nos. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 26, 25, 17, 18, 19, 20, 21, 22, and 4 are used as an embankment of the instant reservoir (hereinafter “the instant bank”).

C. On August 20, 2004, the Boan City Mayor, based on Article 3(2) of the Small River Maintenance Act (attached Form, hereinafter the same), designated the instant reservoir and the river flowing from it as a small river (title F), and announced it.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 13, Eul evidence 15-1 through 3, Eul evidence 15-1, the result of the measurement and appraisal commission to the designated corporation on March 10, 2014, the purport of the whole pleadings

2. Determination

A. (1) The plaintiffs asserted that the defendant possessed the land of the bank of this case owned by the plaintiffs and that the defendant is obligated to remove the land and deliver the land. On the other hand, the defendant asserts that the bank of this case is limited to the plaintiffs' right to use and benefit as small river appurtenances belonging to the small river area under the Small River Maintenance Act, so the plaintiffs' assertion is groundless.

(2) According to the Small River Maintenance Act and the Small River Maintenance Act, following the designation as a small river, the right of maintenance, including the occupation and use of land located in the small river area, the alteration of its shape, and the occupation, new construction, reconstruction, alteration or removal of small river appurtenances, including banks, belongs to the management agency, and even the owner of the land shall be free to do so without