1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Facts of recognition

On December 6, 2007, the Plaintiff acquired ownership of 809 square meters in Seocho-gu Seoul Metropolitan Government B, 3 large 671 square meters, 522 square meters in land E, 1362 square meters in land before January 25, 2008, 1362 square meters in land before G, and 1157 square meters in land before H on November 17, 2008. The land acquired by the Plaintiff is divided into Dong Seo-gu Seoul Metropolitan Government I ditch 609 square meters in land cadastral map (it is located between Seocho-gu Seoul Metropolitan Government H is located between F and I, but it is located between F and I), and the Plaintiff’s ownership of 202 square meters in land under the boundary of 209 square meters in land (it is located between the Plaintiff and the head of Seocho-gu, Seoul Metropolitan Government, with the purpose of expanding the housing located in Seocho-gu, and the Plaintiff’s ownership of 206 square meters in land under the boundary of 209 square meters in land.

On March 26, 2008, the head of Seocho-gu Office's Road Management Division sent a letter of request for consultation on the affairs related to whether conflict with and interference with the relevant laws and regulations due to occupation and use by the director of the park management division and the director of the disaster control division, along with the location map of the ditches of this case and the site photographs of the ditches of this case before the Plaintiff started the extension

According to the above on-site photographs, some of the ditches of this case are forests and fields, and there is a place where boundary stone or brick structure is installed, and there are parts used as a garden.

On the other hand, the ditch of this case is not designated as a river or river area.

The director of the Seocho-gu Office's parks and greenbelts may not occupy and use the ditch site as a residential unit upon a request for consultation with the head of the road management division on April 1, 2008 as stated in the preceding paragraph.