1. The defendant's appeal is dismissed.

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

3. The decision of the court of first instance is in accordance with paragraph 1.

1. Basic facts

A. The Plaintiff’s father, the father of the Plaintiff (hereinafter “the deceased”) completed the registration of ownership transfer based on the completion of reimbursement on December 31, 1956, under the name of Ulsan District Court No. 10936, Dec. 2, 1966, regarding the land B in Ulsan-gun (hereinafter “instant real estate”).

Since then, the Plaintiff completed the registration of ownership transfer for the instant real estate under his own name based on inheritance by consultation and division (No. 42437, May 2, 2007) with the Ulsan District Court No. 42437, Jan. 10, 1983.

B. The instant real estate is used as the site of “F”, which is a reservoir supplying agricultural water to the farmland in Ulsan-gun E, Ulsan-gun, Ulsan-gun (hereinafter “instant reservoir”). The instant real estate was changed to the category of “maintenance” on December 26, 1963.

C. The Ulsan Farmland Improvement Cooperatives was entrusted with the management of the reservoir of this case by the Ulsan-gun around October 18, 1977, and possessed and managed the real estate of this case since that time.

On January 1, 200, the Defendant comprehensively succeeded to the rights and obligations of the Ulsan Farmland Improvement Association by combining the Korea Agricultural and Rural Community Corporation, the farmland improvement association, and the Korea Farmland Improvement Corporation Association pursuant to Article 9 of the Addenda to the Korea Agricultural and Rural Community Corporation and Farmland Management Fund Act (the name of the Defendant was changed to the Korea Rural Community Corporation by the Korea Agricultural and Rural Community Corporation, the Korea Rural Community Corporation, and the Korea Farmland Management Corporation, which was promulgated on December 29, 2008). Accordingly, at the time, the Defendant comprehensively succeeded to the right to occupy and manage the instant reservoir of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant’s return of unjust enrichment 1) In general, part of the land that constitutes a reservoir is in possession of the person who owns and manages the reservoir (see, e.g., Supreme Court Decision 95Da2074, Jul. 28, 1995). The Defendant is the Plaintiff.