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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 10, 2009, the Plaintiff completed the registration of ownership transfer with respect to the area of 3,360 square meters (hereinafter “Plaintiff’s land”) prior to E, 3,360 square meters (hereinafter “Dri”).
B. On September 17, 2001, the Defendant completed the registration of ownership transfer with respect to C 4,545 square meters (hereinafter “Defendant’s land”).
C. Between the Plaintiff’s land and the Defendant’s land, the F-river of 5,058 square meters owned by the Republic of Korea (hereinafter “F-land”) is located.
G road owned by the Defendant and a public road of the Republic of Korea (hereinafter “instant public road”) is located between 5,190 square meters (hereinafter “H land”) and H road owned by the Republic of Korea. Of H land, the part adjacent to the Defendant’s land is being used as a ditch depending on its land category.
E. The location of each of the above lands is as listed in the annexed cadastral map.
F. Relevant statutes 【Public Waters Management and Reclamation Act (hereinafter “Public Waters Act”)
2) The definitions of terms used in this Act are as follows:
1. The term "public waters" means the following:
(c) A person who intends to perform an act falling under any of the following items, which is a State-owned river, lake, marsh, ditch, or water surface or water surface used for public purposes, shall obtain permission to occupy or use public waters (hereinafter referred to as "Occupancy or use permit") from the management agency of public waters, as prescribed by Presidential Decree:
Provided, That where a person who has obtained a reclamation license under Article 28 intends to occupy and use public waters to rescue ships, etc. in distress under Article 19 of the Act on the Search and Rescue, etc. in Waters, to take emergency measures under Article 37 of the Framework Act on the Management of Disasters and Safety, or to occupy and use the relevant public waters to the extent that he/she has obtained the reclamation license.