A. The Plaintiff is a company that leases and operates the instant flood building B underground and ground buildings (hereinafter “the instant flood building”). The Defendant is the owner of the instant flood building, which is the 1,052 square meters and the 537 square meters and the 550 square meters and the 560 square meters and the 560 square meters and the 560 square meters and the 50 square meters before the E, G, 504 square meters and the 413 square meters and the 188 square meters before J (hereinafter “instant land”).

B. Around July 2014, the Defendant buried miscellaneous stones on the instant land and then filled up the instant land covering it with soil.

C. On August 10, 2014, after the Defendant’s embanking work, around August 10, 2014, the river size of the above area was 40.5 meters, and the flooding building of this case was flooded.

[Ground of recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 7 and 11, and purport of the whole pleadings

2. Summary of the parties' arguments;

A. On July 2014, the Plaintiff asserts that the Defendant is liable for damages sustained by the Plaintiff due to the above illegal acts, as it prevents rainwater from flowing into the direction of the flood building of this case by preventing drainage and drain pipes installed in the direction of the flood building of this case, and since excellent water flows into the flood building of this case, the building of this case was flooded.

B. As to this, the Defendant did not have prevented the Plaintiff from raising the drainage and draining, which is alleged by the Plaintiff, and the inundation of the instant building is not due to the Defendant’s filling-up work, since the flood of the instant building was caused by the crack of the said building, but is not due to the Defendant’s filling-up.

3. Determination

A. The following facts and circumstances, i.e., (i) the fact of recognition as to the flood causes of the instant flood building, and the result of the examination by this court on the images of Gap evidence Nos. 12, 13, 15, 20, and 21 and related CD videos, which may be acknowledged by adding the whole purport of the pleadings to the result of the on-site inspection by this court, are the following facts and circumstances, i.e., the statement on August 10, 20