1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant obtained permission to occupy and use a river of 5,845 square meters (hereinafter “instant land”) located in Chungcheongnam-gun, Chungcheongnam-gun, a State-owned State-owned, for the period from January 1, 201 to December 31, 2015.

B. The instant land was incorporated into the site for D River Environment Maintenance Project (National River-Budget Group) (hereinafter “instant project”).

C. On January 4, 2016, the Defendant’s birth Plaintiff paid KRW 310,670 in total the river usage fees and additional charges from January 1, 201 to December 31, 2015 to the budgetary group.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 7 evidence (including branch numbers in case of additional number), the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Plaintiff cultivated the instant land while occupying it, but the instant land was incorporated into the instant project site, thereby preventing the Plaintiff from growing.

Article 77(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) requires the “actual farmer” to pay compensation for agricultural loss (hereinafter “compensation for farming loss”). As such, the right to receive the compensation for farming loss of the instant land is the Plaintiff.

Nevertheless, the Defendant did not cooperate in the Plaintiff’s receipt of farming loss compensation fees, such as refusing to issue a certificate of cultivation and a certificate of personal seal impression, which are related documents related to compensation to the Plaintiff on the ground that the person who obtained permission to occupy and use the instant river was himself/herself.

3. Judgment on the main defense of this case

A. The gist of the Defendant’s assertion is that the Plaintiff claims a farming compensation amount against the project implementer of the instant case, and thus seeking confirmation of the right to receive farming compensation amount, such as the instant lawsuit, is the most effective measure to remove the Plaintiff’s unstable risk on the Plaintiff’s right.