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(영문) 대구지방법원김천지원 2017.07.14 2014가합1686

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) The definitions of the terms used in this Act shall be as follows: The Small River Maintenance Act, Article 2 (Definition) of the Small River Maintenance Act, which flows from 1706-1 to 1775-2 of the same Act in the Yellow-si, Kimcheon-si:

1. The term “small river” refers to a river to which the River Act shall not apply or shall not apply mutatis mutandis and, at the same time, the name and scope of which are designated and publicly notified pursuant to Article 3;

(6) Except as otherwise expressly provided for in this Act or other Acts, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as the "management agency") who has designated a small river shall administer the maintenance and management of the small river.

As such, defendant Kimcheon-si manages it.

A river shall be classified into national rivers and local rivers, which are located on thewest side of the river basin of the Nakdong River basin of the Nakdong River basin, which come from and flowed into North Korea by the representative of the Kimcheon-si, Kimcheon-si, and are combined into the right side of the river basin of the river basin of the National River that flows into the right side of the river basin of the river basin of the Nakdong River.

Article 8 (River Management Agencies) (1) National rivers are managed by the Minister of Land, Infrastructure and Transport.

As the defendant's Republic of Korea is managed.

(b) Grains are to be integrated with the reduction of the right side of grains into the upper end of the area of grain 1,000 square meters, which flows into the lower end of the east end of the area of grain 2,000 square meters, from the sight map below the small river maintenance master plan.

The sinking, from the following sight to the uppermost of the south, flows into the lower downstream of the north-dong.

C. The Busan Regional Land Management Office under the jurisdiction of the Defendant Republic of Korea (hereinafter “Defendant Si Corporation”) designated the project period from February 24, 2009 to February 2, 2013 and ordered the “Yancheon Kim Kimcheon-cheon River Repair Corporation,” the contents of which are the “Wancheon Kimcheon-gun River Repair and Reinforcement Corporation,” located in the Hancheon-si, Kimcheon-si, Kimcheon-si, Kimcheon-si, etc., as the project period, and the Defendant Sin-si (hereinafter “Defendant Sin-si”) was selected as the project period for the said repair.