1. The instant lawsuit shall be dismissed.

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

1. Case history

A. The Plaintiff is the owner of the instant land.

The instant land has been designated as a water source protection area in accordance with relevant Acts and subordinate statutes, such as the Water Supply and Waterworks Installation Act on June 11, 2004, and has been maintained until

B. On June 4, 2018, the Plaintiff filed an application with the Defendant for the cancellation of designation of the water source protection area as to the instant land.

On June 22, 2018, the Defendant sent a reply to the effect that the designation of the water source protection area cannot be revoked for the following reasons:

(hereinafter “instant reply.” The instant land is located within the area of planned flood level (EL 46mth June 14, 1990) as at the time of authorization of the implementation plan for the D reinforcement project (EL 46m), and the Korea Water Resources Corporation purchased the land in the D Water Resource Area, but thereafter, the instant land is voluntarily filled (EL 49.35mm) and thus re-purchase is recognized as a litigation institution based on repurchase without obtaining permission. However, it cannot be said that the restriction on its use is possible even if it is higher than the planned flood level, it is not subject to the cancellation of the protection area. The instant land is not subject to the designation of the water source protection area from the water level line of the lake and marsh in the case of the lake and marsh in accordance with Article 4 of the Water Resources Management Rules. The water source protection area of the instant land is designated as a riparian zone and various acts are restricted in order to manage the water source of the instant land, but it is not subject to any restriction on the cancellation of the water source protection area.

In order to strictly manage Jyang-ho metropolitan water sources, it is deemed that the planned flood level line should be restored to its original state rather than to cancel the protection zone with respect to the area where the planned flood level line was intentionally avoided due to illegal banking. In this case, if illegal banking is allowed, such as this, and the protection zone is cancelled, the original purpose of the water source protection area is damaged as it interferes with the quality control of Jyang-ho, which is a metropolitan water source in west-do.