1. The plaintiff's claim is dismissed.

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

Facts of recognition

The Plaintiff owns 1/3 shares of 853 square meters of B forest land and C forest land and 12,183 square meters of land (hereinafter “each of the instant forest”).

On July 23, 2010, there was a flood damage caused by heavy rain.

On October 2010, according to the Framework Act on the Management of Disasters and Safety and the Enforcement Decree of the same Act, the Defendant invested approximately KRW 138,50,000,00 in the cost of the restoration plan finalized at the meeting of the Central Disaster and Safety Countermeasure Committee, and promoted the flood restoration project by installing a waterway of 702 meters in length, depending on naturally formed small rivers.

A part of a waterway installed accordingly is located above 20 square meters in a ship (hereinafter “instant waterway”) which connects each point of the items indicated in the annexed drawing Nos. 1, 2, 3, 4, and 1 among the forest of this case.

D, on March 14, 2017, filed a lawsuit against the Republic of Korea seeking the removal of the waterway, delivery of land, and return of unjust enrichment among the forest land of this case.

(D) On October 19, 2017, the lower court dismissed the Plaintiff’s claim on October 19, 2017, on the ground that the Defendant’s act of installing the instant waterway was unlawful or that it cannot be readily concluded that the Plaintiff suffered loss. The foregoing judgment became final and conclusive on November 8, 2017.

【The ground for recognition】 The plaintiff sought removal of the waterway of this case against the defendant, as the claim for removal of interference based on the restoration of the original state or ownership due to the tort, as the claim for removal of interference, on the respective descriptions or images of Gap's Nos. 1, 3, 4, and Eul's Nos. 1 through 10 (including each number, if any) and the whole purport of the pleading.

However, in light of the following circumstances, the Defendant’s act of setting up the waterway on the sole basis of the evidence submitted by the Plaintiff, which is acknowledged by comprehensively considering the purport of the entire pleadings.