1. The instant lawsuit shall be dismissed.

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

1. Although river flows over the land of 2203-7, 9, Namyang-si, Namyang-si, the Plaintiff’s assertion that the land was owned by the Plaintiff, the Defendant did not receive any compensation so far. On its behalf, the Defendant must exempt the Plaintiff from the occupation and use fees for public waters on the land of 2203-1, 2, and 3 in the Namyang-dong, the Namyang-si, the city where the Plaintiff occupies and uses.

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

The Plaintiff’s claim for exemption from occupation and use fees of public waters against the Defendant is not allowed under the current Administrative Litigation Act, because it is the so-called “performance suit” that orders an administrative agency to actively conduct a certain act (see, e.g., Supreme Court Decision 2006Da1548, Dec. 31, 2015) (see, e.g., Supreme Court Decision 2008Da1268, Apr. 1, 2008).