A. On December 10, 1998, the Plaintiff is the owner who inherited 1,127 square meters (hereinafter “instant land”) prior to D, Chungcheongnam-gun budget-gun, Chungcheongnam-gun on December 10, 199.

B. On August 20, 1994, Defendant B completed the registration of ownership transfer for the land E, F, G, and H (hereinafter “Defendant B’s land”) adjacent to the instant land, and Defendant C, a partner of Defendant B, completed the registration of ownership transfer on October 26, 201 with respect to the said land’s 1,335 square meters.

C. Defendant B operates “I” (Medical Care Center) located in the Defendants’ land.

The instant land is in contact with the Defendants’ land, such as the copy of the cadastral map in the attached Form. From around 1997 to 2004, the Defendants’ land was filled up with approximately 1.5 meters, and the surface was higher than the instant land.

【In the absence of dispute over the grounds for recognition, Gap evidence 1-5, Gap evidence 4, Eul evidence 3-2 and 3-3, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The plaintiff's assertion

A. From 197 to 2004, when the Defendants filled up the Defendants’ land and filled out rain or snow, it would be difficult to prevent the Defendants from flowing water to the Defendants’ land from the land of this case, unlike where the water was drained. Accordingly, the water level has not been drained, and the land of this case has become a pool.

Therefore, the Defendants, who violated the duty of winning water, jointly and severally compensate for damages arising therefrom (Article 221(1) of the Civil Act). The Defendants, the owners of the notice, have the duty to perform construction works necessary for communication at the Defendants’ expense (Article 222 of the Civil Act). As such, the Defendants, the owners of the instant land, have the duty to fill in 31,682,200 won (i.e., cost of building land at KRW 17,932,200 for installation of flowing water at KRW 13,750,00 for construction of the site).

B. From 1997 to 2004, the Defendants did not embling and draining the Defendants’ land and did not create a pool in which water is drained on the instant land.

(b).