A. The Plaintiff is a farmer who installs 8 greenhouse greenhouses on the 6,787m2 (hereinafter “instant land”) in the Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-gu, Seoul. The Defendant is a corporation that owns 29,80m2 (hereinafter “instant factory site”) adjacent to the instant land, and owns 29,80m2 adjacent to the instant land.

B. In the process of installing a stable in the factory site of this case, the Defendant installed a stable in some sections, but he sprinked earth and sand without installing a sprink in some sections. However, due to a heavy rain coming from July 3, 2017 to July 4, 2017, the Defendant 8 greenhouses of the Plaintiff, which was installed in the land of this case adjacent to the instant area, were flooded.

C. The Plaintiff, who was cultivated in eight greenhouses, became unable to harvest crops due to flooding.

[Reasons for Recognition] Unsatisfy Facts, Gap's statements and images as well as evidence Nos. 1 through 3, 6, 7 through 15, 25 through 27, and 29 (including branch numbers; hereinafter the same shall apply), the inquiry results on DMyeon Office of this Court, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion 1) The summary of the plaintiff's assertion was installed only for the part of the axis that the defendant occupied in the construction, and neglected with soil piling up in some sections of the construction, and thus, caused mass outflow of earth and sand and caused water to prevent drainage around the stable due to a heavy rain coming from July 3, 2017 to July 4, 2017. The soil and sand and rainwater flow out into the plaintiff's vinyl, which were cultivated in the plaintiff's vinyl. Accordingly, the plaintiff suffered damage to the plaintiff due to defects in the construction and management of the structure occupied by the defendant, and therefore the defendant is liable for damages to the plaintiff. 2) Since the defendant's assertion was flooded by the plaintiff, it was recorded that the plaintiff's vinyl was stored in the plaintiff's vinyl, and that the plaintiff did not perform the drainage work at the time.