The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant is operating a D hotel in the Chungcheong City C, and he is running the D hotel in the vicinity thereof (F with a drainage route installed by the Defendant (hereinafter “instant land”).

(3) The Defendant’s establishment of a drainage channel on the instant land is lawful as the act of the person who has the right to occupy and use the land in question, since the Defendant succeeded to the right to occupy and use the land by acquiring part of the real estate owned within the pertinent business plan, which was owned by the person who has the right to occupy and use the land in question, in accordance

B. Even if the Defendant did not succeed to the right to occupy and use the land of this case with I Co., Ltd., the Defendant is entitled to use the land of this case with I and manage the land of this case in a position equivalent to

Thus, the defendant's installation of drainage way on the land of this case as part of the management act of the land of this case does not constitute a violation of the River Act.

C. The Defendant, due to the centralized rain around July 201, came to flown away from the site near the hotel run by the Defendant and went to the above hotel. On July 4, 201, the Defendant installed a drainage channel on the instant land on behalf of Co., Ltd. I (the state of suspension of business on the wind detained by the representative director at the time) on behalf of the Defendant (the state of suspension). Thus, this constitutes an act of emergency evacuation or a legitimate act.

In addition, the Defendant established a drainage pipe on October 30, 201 under the consultation with G, a river management agency, in consultation with G, as a result that a concentrated rain continues to exist in July and August of the same year and the instant land flows into and damage to drainage pipes occurs, etc., the Defendant’s additional measures do not constitute a violation of the River Act.

2. Determination

A. Article 8(2) of the Tourism Promotion Act is any of the following: