1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is the owner of each of 1/3 shares of B forest land 853m2 and C forest land 12,183m2 (hereinafter “each of the instant forest”).

B. On July 23, 2010, there was a flood damage caused by heavy rain.

On October 2010, pursuant to the Framework Act on the Management of Disasters and Safety and the Enforcement Decree of the same Act, the agency granted the National Disaster and Safety Countermeasure Headquarters has invested approximately KRW 138,50,000,00 in the cost of the restoration plan finalized at the meeting of the Central Disaster and Safety Countermeasure Headquarters, and has promoted the flood restoration project by establishing a waterway of KRW 702 meters in length. A part of the waterway installed is located on each forest of this case.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 1 to 14 evidence, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Defendant has established a waterway and illegally occupied the forest of this case, and thus, the Plaintiff is obligated to remove the waterway, deliver the site, and pay unjust enrichment calculated at the rate of KRW 344,00 per annum.

B. According to Articles 15 and 2 of the Framework Act on the Management of Disasters and Safety, the head of the Central Disaster and Safety Countermeasure Headquarters may request the head of the relevant disaster management agency to take administrative and financial measures, etc. for the efficient control of large-scale disasters. In such cases, the head of the relevant disaster management agency in receipt of such request shall comply with such request, except in extenuating circumstances. Meanwhile, citizens are obliged to cooperate with the State and local governments as much as possible in carrying out disaster and safety management duties and to endeavor not to cause disasters or other accidents from buildings owned or used by them. 2) Dok-kak, ① as part of the disaster and safety countermeasure project at the request of the Central Disaster and Safety Countermeasure Headquarters, installing a waterway on D pages after consultation with residents.