손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Determination as to the cause of claim
A. The Plaintiff’s assertion and the Defendant’s father (hereinafter “the Defendant, etc.”) installed a drainage pipe of 3,587 square meters prior to Hecheon-si (hereinafter “Defendant’s land”) with the size of 1,2,3,4, and 1 indicated in the attached Form No. 1,587 square meters (hereinafter “the Defendant’s land”) and installed a dam of 50 cm in height and 50 cm in length and 50 m20 m in length (hereinafter “the instant dam”) and distributed rainwater, etc. naturally. The Defendant should install a drainage pipe of 1,716 m2 and 56.8m in length (hereinafter “the instant drainage pipe”) without permission, and thereby installed a drainage pipe of 3130 m2,529 m2,529 m2,729 m2, and 29 m2,000 per each of the instant dry field owned by the Plaintiffs under the provisions of the Civil Act (hereinafter “the instant dry field”).
B. According to the results of the fact-finding on the Kancheon Market of this court, the fact that the ginseng field of this case was damaged by flooding due to concentrated rain from July 26, 201 to July 29, 2011 is recognized, but the entries or images of the evidence No. 1-1-9-2 are not enough to find that the Defendant, etc. installed a high level of the instant embankment, as they are part of the nature drainage.
It is insufficient to recognize that the drainage pipe of this case was installed at will, and there is no other evidence to acknowledge it.
Furthermore, even if considering all the evidence submitted to this court, it is difficult to view that the instant bank and the ginseng dry field of this case were flooded due to natural disasters, not natural disasters, and the drain pipes of this case. Therefore, the Plaintiff’s above assertion is without merit without examining the remaining facts of green relation.
2. Conclusion, the plaintiffs' claim of this case is dismissed as it is without merit.