1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasons why this Court's explanation concerning this part of the facts are as follows: (a) add "on the completion of November 30, 1962" to the preceding part of the judgment of the court of first instance No. 8 (hereinafter "the judgment of the court of first instance") and, (b) under the bottom, "Defendant and G" as F's children of "F," and "J," the same as the corresponding part of the judgment of the court of first instance, and therefore, (c) refer to the same part of the judgment of the court of first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of claim

A. In general, a part of land forming a reservoir is in the possession of the person who owns and manages the reservoir, and the standard of whether a certain land corresponds to a part of the site constituting the reservoir, and whether a person who owns and manages the reservoir is in possession of the reservoir should be determined not only by flooding of the reservoir but also by objective circumstances that can be recognized as the land corresponding to the reservoir's site through the objective common common common common common common common common common common common common common common common sense.

(See Supreme Court Decision 95Da2074 delivered on July 28, 1995). B.

In light of the following facts and circumstances acknowledged by comprehensively taking account of the overall purport of arguments as a result of Gap evidence 3 and 5 (including various numbers) and the on-site inspection conducted by the court of first instance, it is reasonable to deem that the part used as a reservoir's floor and a natural embankment among the real estate of this case as well as the part used as a reservoir's auxiliary embankment, and the part used as a reservoir's auxiliary embankment constitutes a part of the reservoir of this case. In full view of the overall purport of arguments in each statement in the evidence Nos. 5-1 and 2, the reservoir of this case was completed on November 30, 1962 and is owned or managed by the plaintiff until now.

① Most of the instant real estate is being used as the floor area and natural bank of the instant reservoir, and is relatively small.