The case holding that since the river is a state-owned property, the profit of the cost-oriented party required for the bank work, which is an object to the river, shall not be deemed to belong to the Do Governor, who is the river management agency.

Since rivers are state-owned, benefits equivalent to the expenses invested in the bank works, which are river appurtenances, shall not be deemed to belong to the Do Governor, who is the river management agency of the State.

Article 741 of the Civil Act, Article 3 of the River Act, Article 8 of the River Act

Plaintiff 1 and two others

Gyeongbuk-do

Daegu High Court Decision 70Na531 delivered on March 16, 1971

The appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal by the Plaintiff’s attorney are examined.

According to Article 4 and Article 3 of the River Act (Article 4 and Article 3 of the River Act, which was enforced at the time of the case) of the River Act, even if the plaintiffs invested money in the above bank construction as alleged by the plaintiff in the plaintiffs' assertion that the costs of the building in this case shall be 4,50,000 won, and the defendant shall be able to make an investment in the above bank construction, and even if the money was invested in the above bank construction as alleged by the plaintiff, it appears that the river is state-owned, and the bank is naturally affiliated with a state-owned river as an accessory to the river, and the bank is naturally affiliated with a state-owned river, and it is no dispute over the establishment of the new building in this case, the bank must be state-owned in this case, and since the building constructed by the plaintiffs is not owned by the defendant, but owned by the non-party country, it cannot be said that the plaintiff's existing benefit may be a state-owned or the defendant's claim is groundless, and the court below's judgment cannot be justified and justified in this case.

Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)