1. Revocation of the first instance judgment.

2. Permission for the occupation and use of public waters by the Defendant against the Plaintiff on October 6, 2015.

1. Details of the disposition;

A. On March 3, 1995, the Plaintiff changed the land category into “fish farm” on September 30, 2002, the Plaintiff owned on March 3, 1995, the land category of 496 square meters (hereinafter “instant land”).

2) On the ground, the instant building is an animal-related facility of 7th floor of reinforced concrete structure (hereinafter “instant building”)

(2) On May 15, 1995, the Plaintiff started construction of the instant building and completed construction of the instant building, and obtained approval from the Defendant on December 5, 1996. On December 9, 1996, the Plaintiff completed the registration of ownership preservation in the name of the Plaintiff on the instant building. (2) On March 15, 1995, immediately after the construction permission, the Plaintiff requested the Korea Cadastral Survey to the branch office of the Young-gun branch of the Korea Cadastral Construction Corporation (former Korea National Land Information Corporation) in Yong-gun, which was immediately before the commencement of construction and the construction of the new building, to confirm the boundary with the public waters by requesting the boundary of the construction of the instant new building, and then started construction of the floor by starting the construction of the instant building to the Young-gun branch office of the Yong-gun branch office of the Korea Cadastral Construction Corporation. (3) After completion of the floor basic construction, the Plaintiff again requested the Korea Cadastral Construction Corporation to conduct a surveying of the cadastral status of the basic part of the floor of the instant building.

The survey result map (Evidence A No. 10) drawn up on May 20, 1995 after the office of Young-gun branch of the Korea Cadastral Corporation conducted a survey on the basic part of the floor of the building of this case at the request of the plaintiff, and according to that, the floor of the building of this case was located within the land of this case.

B. At the time of the construction of the instant building, the instant land was designated as a “natural Environment Conservation District” in around 1995, which was at the time of the construction of the instant building, and was designated as a planned control area and a housing development promotion district on July 17, 2014. Accordingly, the Plaintiff filed an application for permission to change the use of the 4, 5, and 6th among the instant buildings to a “self-house and multi-family house” on June 17, 2015.