손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is the owner of the land owned by the Plaintiff and the owner of the land owned by the Plaintiff, namely, the land owned by the Plaintiff, 1131 square meters and D 820 square meters (hereinafter “Plaintiff-owned land”). The Defendant is the owner of land owned by the Plaintiff, E, E, 4807 square meters adjacent to C (hereinafter “Defendant-owned land”).
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including a tentative number)
2. On June 2010, the Plaintiff’s assertion that the construction of soil piling up on the Defendant’s land and neglected to take appropriate measures despite having to prevent soil erosion from flowing out on the Plaintiff’s land located in the lower land, thereby causing damage to the Plaintiff’s land that is planted and with attention being dead, if rainwater and Saturdays flown away from the land owned by the Plaintiff every year in the summer steel and typhoons every year. As such, the Defendant sought payment of KRW 61,719,400 as damages to the Defendant.
3. The reasoning of the judgment on Gap evidence Nos. 4 and 12, the testimony by the witness F, and the result of the on-site verification by this court is insufficient to recognize the fact that proto trees planted in the land owned by the plaintiff and the care flow out from the land owned by the defendant were dead due to rainwater and sand, and there is no other evidence to acknowledge it otherwise.
4. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.