(a) Whether the river site is naturally a river area in the absence of a disposition of designation by the management agency;

(b) Whether the site for the bank of a river is nationalized;

A. In a case where a management agency under the proviso of Article 11 of the River Act constructs a bank on the ground as a site for the bank under Article 2 (1) 1 of the same Act, the site for the bank shall naturally be a river area under the provisions of the Act, even though there is no designation disposition by the management agency as a river appurtenances in the interpretation of Article 2 (1) 2 (b), (c) and (3) of the same Act.

B. The site for the bank as referred to in paragraph (a) is owned by the State under Articles 8 and 3 of the same Act.

(a) Article 2 (1) 2 (b) of the River Act, Article 2 (1) 2 (c) and Article 2 (1) 3 (b) of the River Act, Article 3 and Article 8 of the River Act;

A. Supreme Court Order 84Ka36 delivered on November 12, 1985 (Gong1985,231) 88Da7030 delivered on February 27, 1990 (Gong1990,741) 93Da46827 delivered on June 28, 1994 (Gong1994Ha, 2086) (Gong1985,231) 84Nu126 delivered on July 21, 1987 (Gong1987,1401)

Plaintiff 1 and 5 others, Counsel for the defendant-appellant Kim Jong-Un, Counsel for defendant-appellant

Korea

Chuncheon District Court Decision 92Na1234 delivered on July 24, 1992

The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court Panel Division.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below determined that the real estate of this case was owned by Nonparty 2 as the owner of the real estate of this case under the circumstance of Nonparty 1 and died, and that the above non-party 2 was the owner of the real estate of this case. However, according to the records, the real estate of this case was a bank site in Yangyang, Yangyang, which is a river under Article 2 (1) 1 of the River Act, and it can be known that the non-party 292 of the current River Act (amended by Act No. 2292 of Jan. 19, 197, Act No. 3406 of Mar. 31, 1981) and the land of this case was owned by the management agency of the above non-party 2.38 of the River Act (amended by Act No. 3406 of Mar. 31, 198).

Therefore, the judgment of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ahn Yong-sik (Presiding Justice)