1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's lawsuit corresponding to the revoked part shall be dismissed;

1. Basic facts

A. On December 22, 1969, the Plaintiff completed the registration of ownership transfer with respect to the land listed in [Attachment List No. 1] (hereinafter “instant land”).

B. The instant land is currently used as a road offered for the passage of the general public, and there is a sidewalk block on that road.

[Based on the recognition] entry of Gap evidence 1-1, Eul evidence 6-1-3, each video of Eul evidence 6-1-3, the appraisal results and the purport of the whole pleadings by the appraisal corporation of the appraiser company of the date of appraisal

2. Determination on this safety defense

A. The Plaintiff asserted that this case’s land was incorporated into a river area without due process, and the Defendant used it as a road or bank, thereby seeking unjust enrichment equivalent to the rent, and thus, the Plaintiff sought unjust enrichment.

As the defendant should seek compensation for losses in accordance with the procedure under the River Act, it is unlawful to claim compensation as a general civil procedure.

B. The owner of a parcel of land who suffered a loss due to the incorporation of such land into a river area to which the provisions of this Act apply mutatis mutandis shall consult with the river management agency pursuant to the provisions of Article 74 of the former River Act (wholly amended by Act No. 8338, Apr. 6, 2007; hereinafter the same shall apply) (Article 76 of the current River Act) and if such consultation is not reached or it is impossible to reach an agreement, he/she may only obtain compensation according to the result of an administrative litigation against the competent Land Tribunal by filing a petition for the adjudication itself, and may not claim compensation for loss due to civil action against the directly river management agency, and as long as the land was incorporated into a river area, the owner shall be subject to restrictions on the exercise of his/her private right to use and profit-making, apart from the compensation for loss under Article 74 of the same Act.