1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the first instance court is in attached Form.

1. The grounds for the court's explanation concerning this case are as follows: the evidence submitted at the trial of the court of first instance and the statements in the evidence Nos. 9 through 12 (including each number; hereinafter the same shall apply) which fall short of supporting the defendant's assertion are rejected, and the reasons for the judgment of the court of first instance are as follows;

B. Paragraph (1) of Article 2 of the Civil Procedure Act provides that "the defendant has already used the land of this case as ditches at the time of implementation of the building of a DNA embankment, and the land of this case 2 through 5 was changed to a bank after the construction of a tide embankment. The plaintiff or the plaintiff's decedent B knew the purpose and location of each tide embankment construction work of this case before the lawsuit of this case was filed, but there was no demand for any compensation for about 50 years before the lawsuit of this case. However, the plaintiff or the plaintiff's decedent B renounced the exclusive right to use and benefit from the land of this case cannot be deemed to have renounced the right to use and benefit from the land of this case." Since the defendant's assertion alone is without merit, the plaintiff or the plaintiff's decedent could not be deemed to have renounced the right to use and benefit from the land of this case, the "2014Da20400" of Section 5, the "203 through 5, 13 through 25, 2014 or 3614" of the previous judgment.

2. Additional determination

A. The Defendant’s assertion (1) divided from the mother land of the land No. 1, and the land AC through D divided from the mother land of the land No. 2, were all owned by B.