The defendant.

A. The Plaintiff is the owner of 825 square meters and 1,370 square meters prior to D, Nowon-si located on the left-hand side of the C Section Iron (hereinafter “instant railway”), and the Defendant was entrusted by the Minister of Land, Infrastructure and Transport with the maintenance and repair of railroad facilities pursuant to Article 38 of the Framework Act on Railroad Industry Development.

B. The right side of the steel of this case is a branch topography with a high area above the left side, and there was a drainage channel connecting both sides to the steel of this case (hereinafter “the drainage of this case”). On August 17, 2011, there was a concentrated of 140.5m of daily rainfall in the Hanju-si, an accident that flows over a large quantity of water through the drainage of this case and the Plaintiff’s crops and facilities on the land of this case (hereinafter “the accident of this case”). On the same day, around 23:00, there was an accident that the Plaintiff’s agricultural products and facilities, etc., on the instant land were lost (hereinafter “the accident of this case”).

C. From November 1, 2011 to November 4, 2011, the Defendant provided support for restoration of damage to land, etc. lost to the owners of other land located on the left-hand side of the instant iron, except the Plaintiff.

【In the absence of dispute over the grounds for recognition, Gap evidence 1 and 2 (including each number in the case of provisional number; hereinafter the same shall apply) and Eul evidence 1, Gap evidence 4, and the purport of the whole pleadings

2. The Plaintiff’s assertion neglected the management of the drainage of the instant case, and thus, fallen leaves and earth and sand, etc. were accumulated on the drainage of the instant case due to a concentrated rain, and thus, the accident of the instant case occurred as it flows out to the land owned by the Plaintiff as it was against the Plaintiff, such as fallen leaves and soil sand, etc., which were gathered on the right side of the instant steel, due to the high degree of the running pressure of flowing water which was collected on the right side of the instant steel.

Therefore, the defendant, as the possessor of a structure, is responsible for compensating the plaintiff for damages caused by defects in the installation and preservation of a structure pursuant to Article 758(1) of the Civil Act.

3. Determination

A. Establishment and preservation of a structure as stipulated in Article 758(1) of the Civil Act, one of which liability for damages arises.