1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is the executor of the river project B of the Nakdongdong-gu river project (hereinafter “instant project”), and the head of the Busan Regional Construction and Management Administration publicly announced the river project implementation plan under Article 27 of the River Act on December 7, 2009.

B. In order to acquire land to be incorporated in the instant project on January 13, 2012, the Central Land Tribunal: (a) determined the amount of compensation 15,709,600 won for losses, and the date of expropriation as of March 7, 2012 for the acquisition of land incorporated into the instant project and rendered a ruling of expropriation as of March 7, 2012 with respect to D river 627 square meters and E river 31 square meters (hereinafter collectively referred to as “instant land”).

C. On March 2, 2012, the Plaintiff deposited KRW 15,709,60 of the compensation for the instant land with the Defendant as the deposited person.

[F-river 1,167 square meters] [G river 1,167 square meters] [6. Sep. 30, 1986, a river of F-W 755 square meters divided on September 30, 1986 and of F-W 412 square meters of a river of 191 square meters in a 417 square meters of a 417 square meters of a divided river on October 6, 2010, 191 square meters of a 417 square meters of a 4112 square meters of a divided river on October 6, 2010, a divided D 627 square meters of H 128 square meters and 311 square meters of a 311 square meters of a river on October 6, 201 (this case’s land) and is successively merged into J 150 square meters of a river of 209 to 311 square meters of a river (this case’s land).

D. Meanwhile, the process of dividing the instant land in F land and G land is as follows.

E. The F land before subdivision and G land were transferred to the land category at the time of October 3, 1942, but the land category after March 31, 1952 was rivers, and the air carrier taken around June 1982 was located at the reservoir part of the Nakdong River, which is a national river.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, Eul evidence 4-1 to 3, purport of whole pleadings

2. The assertion and judgment

A. (1) Determination as to the cause of the claim (1) Articles 4 and 12 of the former River Act (amended by Act No. 892 of Dec. 30, 1961) provide for the so-called “the determination and public notice system of the river area” to be incorporated into the river area that should be determined and publicly announced by the management agency as the river area.

Articles 2 and 3 of the former River Act (wholly amended by Act No. 2292 of Jan. 19, 1971, July 20, 1971) are the detention basin.