The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

The grounds of appeal are examined.

1. Part of land which forms a reservoir generally is in possession of the person who owns and manages the reservoir;

The standard of whether a certain land constitutes a part of a site that constitutes a reservoir, and whether a person who owns and manages a reservoir is in possession of the reservoir should be determined not only by flooding of the reservoir but also by objective common common sense and sound common sense so that it can be recognized as the land corresponding to the site of the reservoir.

(See Supreme Court Decision 95Da2074 delivered on July 28, 1995). 2. Review of the reasoning of the lower judgment and evidence duly admitted reveals the following facts. A.

After the establishment in 1921, the Bomun-gu Repair Cooperative succeeded to or changed the name of the racing and Repair Association (1952), the Racing and Land Improvement Association (1962), the Monthly Farmland Improvement Association (1973) or the name was changed to the plaintiff.

(hereinafter referred to as the “instant association,” in total, of the unions that the Plaintiff comprehensively succeeded to their status.

경주시 D 토지(이하 ‘이 사건 토지’라 한다)는 그 지목이 원래 답(畓)이었는데 1938. 유지로 변경되었고, ‘K’라는 저수지에 속해 있다.

The land category is continuous to maintain the P land, following the following: (a) the ditch adjacent to the instant land from M to the Nwest-west and the P land from O to the north-west-west; and (b) the parcel number is to maintain the relevant land category.

C. In the countermeasures against disasters implemented in 1939, dredging and repairing projects for K were implemented after receiving subsidies from the Gyeongbuk-do Governor.

In the register of agricultural infrastructure (K), it is stated that the instant union commenced construction on January 1, 1952 with respect to “K” and completed construction on December 30, 1963.

E. K is a supplementary source of Q, located in its neighborhood, in ordinary sense.