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(영문) 광주지방법원순천지원 2017.09.12 2015가단78240

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 2012, the Plaintiff leased 4 lots, such as the first temporary parking lot, adjacent to the instant public works for creation B (hereinafter “instant public works”) implemented by the Defendant from November 6, 2012 (hereinafter “instant public works”), and set up two facilities lower-level housing (hereinafter “instant housing”) and cultivated YM.

B. The Defendant’s filling work for the first temporary parking lot (hereinafter “instant filling work”) was conducted from March 20, 2013 to March 29, 2013.

On July 3, 2013, the Plaintiff filed a civil petition with the Defendant to the effect that, due to the instant banking work, groundwater dries out and suffered from the probability of contamination. On August 9, 2013, the Defendant conducted an appraisal of the Plaintiff’s damage from contamination in the hys, and paid KRW 30,500,000 as compensation for part of the said hys, pursuant to Article 68 of the Land Compensation Act, on September 3, 2013.

After November 5, 2013, the Defendant installed a franchisium in the instant Job, and installed a temporary pumps for drainage on November 15, 2013.

C. Around November 2014, the Plaintiff filed a civil petition with the Defendant’s Sports Facility Management Office on the following grounds: (a) after the instant filling-up construction was made up of the ground water in the instant house; (b) reduced the growth of crops being cultivated; and (c) the damage was caused due to frequent breakdown in the household facility pumps; (d) on November 19, 2014, the Defendant’s sports facility management office D sent a business trip to the instant house, which was an employee of the Defendant, and (e) drafted a business trip report thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff filed a claim under the Framework Act on Environmental Policy, which caused the Plaintiff’s erosion of groundwater in the lower court due to the Defendant’s filling work, on the damage of environmental pollution under Article 44 of the Framework Act on Environmental Policy, Article 44 of the Framework Act.