1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

A. On September 19, 2012, the Plaintiff filed an application with the Defendant for permission to occupy and use a permanent road for the purpose of “pass access road following the construction of a house for farming families” on the neighboring C, D, E, and F 4 lots on the ground that the Plaintiff would newly build a house for farming families on the land outside Ycheon-gun, Chungcheongnam-gun. On October 4, 2012, the Defendant rendered a disposition of denying the Plaintiff’s occupancy and use of a river on the ground that the use as a access road for farming families could interfere with the public interest and would interfere with the use of the right.

B. On October 2012, the Plaintiff applied again to the Defendant for permission to occupy and use a river for the purpose of “temporary entry roads following the construction of a house and the creation of good farmland for a farm household” on G and F two parcels of land (hereinafter “the instant river site”). On November 29, 2012, the Defendant permitted the Plaintiff to occupy and use the instant river site from November 28, 2012 to November 27, 2013 on the condition that the instant river site should be restored to its original state upon the expiration of the occupancy period.

(hereinafter referred to as “instant occupancy permit disposition”). C.

On January 2013, the Plaintiff filed a complex civil petition for construction including an application for authorization for completion of river works with respect to the instant river site in accordance with the former part of Article 30(7) of the River Act, but withdrawn the application, and around October 2013, the Plaintiff filed a complex civil petition with the head of Gohap-gun for construction including an application for authorization for completion of river works. On October 24, 2013, on October 31, 2013, the Defendant sent a reply to the effect that the instant permission for occupation and use against the Plaintiff was temporarily used as a temporary entry for the construction of the farming house and that it is impossible to complete the construction on the ground that the conditions of permission to restore to the original state have not been fulfilled.

Since then, the Plaintiff was granted permission to occupy and use the instant river site by January 27, 2014, and on December 6, 2013, the Plaintiff permanently occupied and used the instant river site.