1. The plaintiff's claim is dismissed.

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

Basic Facts

On May 14, 2012, the Plaintiff purchased B forest land No. 806 square meters in Sejong Special Self-Governing City, and completed the registration of ownership transfer on June 4, 2012.

On November 3, 1995, the head of Yeong-Gun designated and publicly announced C as a small river by the former Small River Maintenance Act (amended by Act No. 5453, Dec. 13, 1997; hereinafter referred to as the "Small River Maintenance Act"; hereinafter the contents thereof are as shown in attached Form 2). The Plaintiff-owned.

Of the forests and fields listed in paragraph (1), part (i) of 137 square meters inboard (hereinafter “the part of the instant land”) which connects each point of Annex 1, 2, 3, 21, 16, 17, 18, 19, 20, and 1 among the forests and fields listed in attached Table 1 are used to maintain the shape and function of the said small river area included in the said section of the small river.

[Ground of recognition] without any dispute, Gap's 1, 3, 5, Eul's 5 through 7, and Eul's 9, the result of the measurement and appraisal entrustment to the Korea Land Information Corporation in this court, the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's assertion of the judgment is obliged to deliver to the plaintiff since the plaintiff occupied and used the part of the land of this case owned by the plaintiff without any title.

Judgment

According to the Small River Maintenance Act, after the Small River Maintenance Act has been designated and announced as a small river, the right to maintain and manage a small river facility, including the occupation and use of land, change of its shape, and removal, such as a bank, belongs to the managing authority, and even the owner of the land is subject to restrictions which cannot use the land at his/her discretion without

However, the fact that the land portion of this case is included in C’s small river section on November 3, 1995 and is used to maintain the shape and function of the small river is as seen earlier. Thus, the land portion of this case was incorporated into a small river area under Article 2 subparag. 2 (a) of the Small River Maintenance Act, and accordingly, the land portion of this case.