1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the purport of the appeal shall be the first instance.

1. The Plaintiff’s assertion that the Defendant, as the managing authority, obtained unjust profits equivalent to the rent by including each land listed in the separate sheet (hereinafter “instant land”) into a river and road site, and occupying and using it without permission. As such, the Defendant is obligated to return the money as claimed by the Plaintiff, the owner of the instant land, to the Plaintiff.

2. Determination

A. The former River Act (wholly amended by Act No. 8338, Apr. 6, 2007; hereinafter “former River Act”) provides for the following:

Article 2 (Definition, etc. of Terms) The definitions of terms used in this Act shall be as follows:

1. The term “river” means the system of flowing water (hereinafter referred to as “water system”) closely related to public interests, which includes river areas and river appurtenances in the water system;

2. The term "river area" means the areas falling under any of the following items:

(a) Land and topography on which water flows continuously, and zones of earth and sand (excluding land which show the situation temporarily due to large floods or other natural phenomena) on which plants grow, or other situations of which water flows at least once a year;

(b) An area of land which is a site for river appurtenances;

(c) Where there is a bank (limited to a bank installed by a person permitted or entrusted by the management agency or the management agency), the excluded land (referring to the land on the side of the river from a bank);

(d) Rivers of the land that need to be managed together with the areas falling under item (a) from among the areas of land similar to the areas that are prescribed by Presidential Decree and that are designated by the river management agency (hereinafter referred to as the “management agency”) under the provisions of Article 12 shall be classified as follows:

1. State rivers: Rivers important for the preservation of national land or the national economy, which are managed by the State;

2. Local first-class rivers: Local rivers; and