Whether the application of the River Act is excluded when the area of the river to which the application is made is filled;

Land which is a quasi-river area shall not be subject to the application of the River Act, even if it is actually filled up unless it is later excluded from the river area to which the provisions of the River Act apply mutatis mutandis.

Articles 10 and 2 of the River Act

[Judgment of the court below]

(A) The defendant who is a party to publicity and who is a party to publicity;

Daejeon District Court Decision 77Na112 delivered on August 2, 1979

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

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

According to the reasoning of the judgment of the court below, the court below acknowledged that the Chungcheong-do governor, as No. 5 of 1964, a river site was in fact constituted a river site and announced publicly as a so-called quasi-river area applied mutatis mutandis pursuant to Article 10 of the River Act (Article 9 of the former River Act) of the same Act, and determined that even if the land is owned by the plaintiff, the exercise of ownership is limited and thus the request for extradition cannot be made because it is a quasi-river area.

In light of the records and records, the court below's determination that the exercise of private right to the land of this case is limited even if it is actually filled out as alleged in the arguments, and the court below's determination that the exercise of private right to the land of this case is legitimate, and there is no error of law by misapprehending the legal principles as to the theory of facts against the rules of evidence in the lawsuit, and there is no evidence to prove that the land of this case was excluded from the river area of this case.

All arguments are groundless.

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

Justices Yu Tae-hee (Presiding Justice)