1. The plaintiff's claim is dismissed.

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

Basic Facts

- Around December 2000, the Defendant installed a retaining wall on the ground of 4,162 square meters of land in Sungnam-si, Sungnam-si.

- On July 2, 2002, the above forest was divided into 1,356 square meters of land and D 2,806 square meters of land in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and the land category was changed to a river.

- On February 26, 2008, the aforementioned D river 2,806 square meters was divided into D river 313 square meters and 2,493 square meters of rivers E in Sungnam-gu, Sungnam-si (hereinafter “instant site”).

- The Plaintiff acquired the ownership of the entire site of this case by November 5, 2010.

On March 1, 1965, the Governor of the Gyeonggi-do determined and publicly announced the F (G and H 26 rivers) as local second-class rivers (formerly named rivers) (the Gyeonggi-do public notification I), and accordingly, established and publicly announced a basic plan for river maintenance (the Gyeonggi-do public notification) on April 15, 198.

- The instant site is classified as F's river area in the above River Maintenance Basic Plan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), response by the Governor of the Gyeonggi-do to the fact inquiry of this court, the gist of the plaintiff's claim as a whole is that the land of this case is incorporated into river area without due process, and the plaintiff is occupying and using the site of this case until now without proper compensation to the plaintiff who was the owner even after installing retaining walls on the ground. Thus, the defendant is obligated to return the amount equivalent to the rent of the site of this case to the plaintiff as unjust enrichment.

Judgment

According to the amended River Act, which was enacted by Act No. 892 on December 30, 1961, which was enforced from January 1, 1962, the river area was determined and announced by the management agency, and the former River Act, which was amended by Act No. 2292 on January 19, 1971 and enforced from July 19, 199, was amended by Act No. 5893 on February 8, 199, and enforced from August 9, 199, was included in the land within the river section.