1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

A. On October 19, 199, the Defendant was responsible for the management of the instant sewage culvert, repair of defects, and the occurrence of related civil petitions, and was notified of the completion of the construction on the condition that the period of permission for the occupancy of public waters for the installation of the sewage culvert to Ulsan-gun C was restored to its original state upon the expiration of the period of permission.

B. One end of the sewage culvert of this case is linked to the sewage culvert in the river site, and the other end is connected to the sewage culvert of residents in D.

C. On Aug. 29, 2008, the Plaintiff newly constructed a factory in Ulsan-gun E, Ulsan-gun, and paid KRW 15 million to the Defendant on the same day by concluding an agreement with the Defendant to pay KRW 15 million in return for the Plaintiff’s use (hereinafter referred to as the “instant agreement”) on the same day, when the Plaintiff and the Defendant enter into a contract to establish a management and exercise of rights as a connection between the Manle and the sewage pipe (the Plaintiff).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, and 4 (including Serial Nos. 1, 2, and 4), and the court's fact-finding with respect to Oratos Co., Ltd., the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that "the defendant had the right to occupy and manage the connection of the factory as the last day of August 29, 2008, and received KRW 15 million from the plaintiff. Although the defendant did not have such right, the plaintiff deceivings the plaintiff without such right, or made an accusation against the Ministry of Environment. The above money is paid by coercioning the plaintiff.