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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 21, 1981, the Plaintiff completed the registration of transfer of ownership with respect to B forest No. 3,322 square meters (hereinafter “the instant forest”). On April 10, 1995, the Plaintiff completed the registration of transfer of ownership with respect to land No. 198 square meters (hereinafter “the instant forest”).
B. On March 28, 2005, the Defendant requested that the residents of the Daguri-si maintain the drainage way in order to prevent flood damage, such as the rainy season, etc., and on March 28, 2005, the Defendant made a contract for the maintenance work of small rivers, which installed the waterway, houseing, and walling walls, and laid a fume for the small river maintenance work (hereinafter “instant maintenance work”) on a cost of construction 16,490,00 won (hereinafter “this change to KRW 23,160,000), and the said company completed the said maintenance work on April 14, 2005.
C. Although the instant forest and field were not included in the instant forest and field, the instant forest and field were extended to 50 meters at the request of village residents located below the instant forest and field, and the instant forest and field were implemented as follows.
The maintenance work of this case was performed in such a way that concrete waterways, fume pipes, etc. are laid, after maintaining drainage channels already naturally formed.
E. The Defendant, among the forest land in the instant case, installed a concrete waterway (hereinafter “instant concrete waterway pipe”) on the part (b) of the attached map No. 9, 10, 11, 19 through 22, and 9 of the attached map No. 12 to 18, and 12, connected each point of (b) part (v) of the attached map No. 1 to 6, 70, 25, 26, 27, and 1, connected each point of (v) part (v) size No. 23 to 23 square meters of the attached map No. 9, 10, 11, 19 through 22, and 14 square meters of the attached map. The Defendant did not obtain the Plaintiff’s consent at the time of installing the instant concrete waterway.
Grounds for recognition: A. 1, 2, B. 1-3 (including the number with each number), and this Court.