[손해배상청구사건][고집1974민(2),96]
Cases where it is recognized that a bank which has been part of the reclaimed land of public waters has a duty to maintain and manage the bank;
Even if the bank or road from among reclaimed land under the Public Waters Reclamation Act belongs to the State or a local government as necessary, its maintenance obligation shall not be claimed to the owner for expenses needed for the repair of the bank disbursed by the beneficiary in excess of customary conditions.
Article 14 of the Public Waters Reclamation Act
Plaintiff
Korea
Gwangju District Court Decision 71Gahap49 decided Feb. 1, 199
The plaintiff's appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
The judgment of the first instance shall be revoked.
The Plaintiff shall pay KRW 5,300,000 to the Plaintiff.
Litigation costs shall be borne by the defendant.
According to the provision of 1.572 of the former Enforcement Decree of the Ministry of Agriculture and Forestry’s 17-100 square meters and 812-10 square meters, the Plaintiff’s 6-100 square meters and 1.572 square meters and 1.6.21 square meters and 1.62 square meters and 1.4 square meters and 1.7 square meters and 1.6 square meters and 196-1 square meters and 1.6 square meters and 196-1 square meters and 1.3 square meters and 1.6 square meters and 196-1 square meters and 40-1 square meters and 196-1 square meters and 196-1 square meters and 19-7 (the above 1.6-1 square meters and 1.6-1 square meters and 5-1 square meters and 1.6-1 square meters and 1.6-3 square meters and 1969-17.
Therefore, the plaintiff's claim of the principal lawsuit must be dismissed because it is not necessary to judge the remaining points, and the judgment of the first instance court, which is the result, is just and without merit, and the plaintiff's appeal is dismissed, and the costs of appeal are assessed against the plaintiff who is the losing party, and
Judges Park Young-young (Presiding Judge)