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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 15, 1996, the Plaintiff completed the registration of transfer of ownership based on inheritance due to a division in consultation on October 24, 1992, with respect to the land size B 1,147 square meters in the wife population B in Chungcheongnam-si.
B. Of the 1,147 square meters in the field B of the wife population B, 606 square meters (hereinafter “instant incorporated land”) was divided into C and incorporated into the business area of the D bank construction (hereinafter “instant project”). The Defendant completed the registration of transfer of ownership on December 22, 2003 as to the said land on November 26, 2003; thereafter, the three square meters in the said land were divided into E on November 14, 2006, and 538 square meters (hereinafter “instant land”).
C. Meanwhile, the instant land is incorporated into a river area with D’s reservoir (No. 5-2), which is a local second-class river, and the current status of the instant land is not deemed to have been changed except for the aerial photography (No. 6-5) taken around May 200 prior to the implementation of the instant project, and the aerial photography (No. 6-6) taken around May 2014 after the completion of the said project, which was taken around May 2014.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 5, Eul's evidence 1 through 7 (including paper numbers) and the result of each fact inquiry about the tolerance market of this court, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is that the Defendant, while carrying out the instant project, installed a bank, etc. on the instant land without permission, used the instant land as a river site, and thereby the Plaintiff, who is the owner of the instant land, suffered damages. ① In the first place, the Defendant is obligated to pay the Plaintiff KRW 227,036,00,000, which is equivalent to the market price of the instant land, due to damages caused by the tort, and ② in the second place, the Defendant, the delivery date of the copy of the instant complaint, was five years retroactively affixed to the Plaintiff.