공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of each real estate listed in the separate sheet in the Dagjin River (hereinafter “instant land”).
B. Under the ground of the instant land, agricultural irrigation pipes are laid underground to supply agricultural water drawn from the Hanjin River's public water pumping ground to neighboring farmland (hereinafter "the instant pipelines"), and the Defendant manages the instant conduits.
C. Around 2011, part of the instant land was removed and washed out.
[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s assertion on April 201, 201, the 550 square meters of the instant land was destroyed due to the Plaintiff’s destruction of the irrigation route, and the 550 square meters of the instant land was washed out, and thereafter the Defendant caused the fraudulent repair work, thereby expanding the damages.
Since the cost of KRW 169,763,00 is required to restore the instant land to its original state, the Defendant, the possessor or owner of the instant road, is liable to compensate the Plaintiff for damages incurred by the Plaintiff due to the defect in preservation of the instant road.
B. The Defendant’s assertion was not destroyed due to deterioration around April 201, but destroyed due to centralized rain from July 26, 2011 to July 29, 201.
3. We examine whether the instant pipelines were destroyed due to preservation defects, such as deterioration, around April 201.
In light of the following circumstances, the Plaintiff asserted that: (a) on June 4, 2012, when filing a civil petition with the Ministry for Food, Agriculture, Forestry and Fisheries to the effect that the Defendant’s repair work for the instant land was poor; (b) on July 19, 2012, when filing a civil petition with the Board of Audit and Inspection of the said contents as above, the Plaintiff alleged that the instant pipe was damaged on the “small-term Co., Ltd.” was damaged; and (c) on July 19, 2012, the Plaintiff filed a civil petition with the Board of Audit and Inspection of the said contents as above, and thereby, was the instant official title in the “YY 201”.