1. The plaintiff's claim is dismissed.

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

1. On December 22, 2004, the Plaintiff: (a) donated C the land of this case 2,413 square meters (hereinafter “instant land”); and (b) acquired ownership on the donation of the land of this case.

Around 201, the Defendant installed concrete waterway, waterway, and bank slope in order to prevent the excellent damage in the city area located in Seoyang-gu, Seoyang-gu, Seoyang-gu. Of the instant land, the Defendant installed a concrete waterway, 163 square meters with a specific waterway, 7 square meters with a concrete waterway, 35 square meters with a specific waterway on the lower part of the instant land indicated in the purport of the claim, among the instant land.

(hereinafter collectively referred to as the "facilities of this case"). [Evidence] without dispute, each entry of Gap 1-3 evidence, images, results of a request for surveying and appraisal of appraiser E, the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The Defendant asserted that the instant facilities, which are part of the river facilities, were installed without going through the procedure for purchasing or accommodating the site of the instant facilities, and committed an unlawful act that infringes on the Plaintiff’s ownership by installing the instant facilities on the instant land without the Plaintiff’s consent. Thus, the Defendant should remove the instant facilities and deliver the site of the relevant facilities to the Plaintiff, and shall compensate the Plaintiff for the damages that the Plaintiff failed to use the site of the instant

B. First of all, the Defendant did not dispute to the purport that at the time of installing the instant facilities, the consent was obtained from the owner of the instant land, but there is no evidence to acknowledge it.

However, if the purport of the entire pleadings is added to the statement or image of evidence Nos. 1 through 10 and the result of the on-site inspection by this court, among the land of this case, the site of this case was in the length of water naturally flowing from before the installation of the instant facilities under the hillcheon bank, and the site of this case was installed at the place where a natural waterway was located, and the instant facilities were installed, and the instant land was a vinyl house before installing the instant facilities.