1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 28, 2007, the Plaintiff approved a business plan to create D (Notice E of Chungcheongnam-do), which is to create D from the Do governor of Chungcheongnam-do (Seoul Special Metropolitan City, January 1, 2012, 201), one day zone C, and implemented D projects by approving a land substitution plan on May 13, 2008.

B. Defendant A filed an application for permission to occupy and use public waters with respect to 630 square meters of public waters (hereinafter “instant public waters”) among the land located in the Sijin-gun, the management agency of public waters under Article 4(2) of the Public Waters Management and Reclamation Act (hereinafter “Public Waters Act”) in order to remove an unauthorized building that he/she had resided in a D project, and submitted a written statement on July 3, 2008, stating that “the construction of a building in a tourist resort development zone is completed after the completion of the project period or before the completion of the project period, shall be immediately relocated, and the existing temporary building will be removed and restored to its original state, and if it fails to comply with the compulsory disposition taken by the relevant administrative agency, no objection shall be raised.”

C. On August 8, 2008, the head of Jinjin-gun permitted Defendant A to occupy and use the public waters of this case for the period of permission until August 7, 2010, and granted a temporary period of permission as a condition of permission prior to the completion of the D project. The head of Jin-gun added the content that the period of permission should be restored to its original state upon completion of the project.

Defendant A newly constructed a building listed in the attached list (hereinafter “instant building”) on the public waters of this case and obtained approval for use from the head of Si/Gun on December 29, 2009, and completed registration of preservation of ownership on January 7, 2010.

E. After completion of April 21, 2010, the D Project completed infrastructure construction, including road, water supply facilities, and sewage and wastewater treatment facilities, and landscaping construction. Around that time, electric facilities installed and made it possible for Defendant A to construct a building on the project site, including the land substituted by the land.

F. Defendant A around July 2010