1. The defendant shall be the plaintiff.

A. Of the area of 2959 square meters prior to Macheon-si B, each point of the attached Form No. 21, 22, 20, 21 shall be in order.

1. Facts of recognition;

A. On September 22, 2015, the Plaintiff completed the registration of ownership transfer with respect to the land of 2959 square meters (hereinafter “instant land”).

B. On September 19, 1996, the Defendant completed the registration of ownership transfer with respect to the C, 3454 square meters of the ditch (hereinafter “instant ditch”) located immediately adjacent to the instant land.

C. From July 27, 2011 to around the 29th day of the same month, the Defendant collapsed the bank installed on the ditch of this case due to the flood disaster, and implemented restoration work on the ditch of this case.

After the restoration work on the ditch of this case, the part 128 square meters in the ship connected each point of 21,22,20,21 of the annexed drawing among the land of this case to the neighboring site of river, and the part 128 square meters in the ship connected each point of 19,23, 24, 25, 25, 26, 27, 28, 29, 29, 30, 31, 31, 18, and 19 of the annexed drawing(c) connected each point of 20, 22, 23, 19, and 20 of the annexed drawing(s) connected each point of 18, 31, 30, 28, 27, 26, 23, 36, 35, 31, 36, 37, 36, 36, 37, 37, and 20.

E. Meanwhile, from September 22, 2015 to September 21, 2016, the phrase “ September 11, 2016.” appears to be a clerical error in the phrase “ September 21, 2016.” as the result of the commission of appraisal of rent against appraiser D, which was occupied and used by the Defendant among the instant land.

Until December 2, 2016, the rent from September 22, 2016 to December 1, 2016 is 74,300 won, and the annual rent after December 2, 2016 is ratified to be 382,071 won.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 8 and Eul evidence Nos. 1 through 4 (including the number of branches), the result of this court's request for the measurement and appraisal of the President of the Korea Land Information Corporation, and the result of this court's entrustment for the appraisal of fees to appraiser D, the purport of the whole pleadings

2. Determination

(a)the cause of the action;