1. Of the judgment of the court of first instance, the part on the claim for cancellation of registration against the Defendant (Counterclaim Plaintiff) is revoked, and that part is revoked.

Basic Facts

The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance, and thus, it refers to the corresponding part of Article 420 of the Civil Procedure Act.

The grounds for the court's explanation of this part of the argument by the parties to the judgment on the claim of the principal suit are the same as the corresponding part of the judgment of the court of first instance.

In general, a part of land that constitutes a reservoir is in possession of a person who owns and manages the reservoir in determining the cause of the plaintiff's claim against the defendants.

The standard for determining whether a certain land constitutes a part of a site that constitutes a reservoir, and whether a person who owns or manages a reservoir is in possession of the reservoir should not be determined by the flood of the reservoir at ordinary times, but by objective facilities and general sound common sense, it should be determined by any objective situation that can be recognized as the land corresponding to the site of the reservoir.

(2) On May 31, 195, the land of this case falls under the part on the bank of the above reservoir since the Seocheon Repair Cooperative transferred the I reservoir from the Joseon Farmland Development Foundation on May 31, 1955, and the part on the attached Form 3 drawings (c) and (d) are included up to the date of collection, and the part (e) is also used as a ditch connected with the above underground water, and the part (v) is also used as a ditch connected with the above underground water. According to the evidence evidence No. 11, the land of this case is adjacent to the land of this case, and the land of this case falls under the part on the bank of the above reservoir from May 31, 195 to May 31, 195.