Whether private rights can be exercised over the area from among the areas where the water flow is not applied mutatis mutandis.

An area designated as a quasi-river area shall be deemed a river area to which the River Act applies mutatis mutandis inasmuch as no separate measure is taken by the group, and it shall not be deemed a land where the exercise of private rights is possible on the ground that the flowing water does not continuously flow in the area.

Article 10 of the River Act

[Judgment of the court below]

Defendant

Daejeon District Court Decision 77Na113 delivered on August 2, 1979

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds for appeal by the Plaintiff’s attorney are examined.

According to the reasoning of the judgment of the court below, the court below confirmed that the land of this case was included in the area designated as a river area to which this provision applies mutatis mutandis pursuant to subparagraph 5 of the Chungcheong Notice No. 1964, Jan. 20, 1964. Thus, in light of the records, the court below was just and there was no error in the misconception of facts or incomplete deliberation due to the violation of the rules of evidence, and as long as the area was designated as a river area to which this provision applies mutatis mutandis, the river area shall be deemed as the river area to which the River Act applies mutatis mutandis, unless there was a separate measure, and as long as the area was designated as a river area to which this provision applies mutatis mutandis, it shall be deemed as the river area to which the River Act applies mutatis mutandis, and it shall not be deemed as the land where the present water is not a river,

Therefore, it is not recognized that there is a misunderstanding of legal principles as to the application of the River Act such as theory in the original judgment.

Therefore, this appeal is dismissed, and the costs of appeal are assessed against the losing plaintiff. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Do-ho (Presiding Justice)