1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 12, 2012, the Plaintiff driven the freight B 4.5 tons (hereinafter “instant truck”) owned, and moved to the right bypassing from the 3rd distance from the Gyeong-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, Busan-gun, the lower court, on October 12, 2012, caused an accident where the instant truck lost its center on the road 222-road, which is an access road to the said Gyeongsan-gun (hereinafter “instant farm road”), and transferred to the right (hereinafter “instant accident”).

B. On November 11, 1986, the farm road of this case was a state-owned land, the registration of ownership preservation of which was completed under the name of the Republic of Korea, and was packed with concrete, and its width is about three meters.

Meanwhile, the freight of this case is 10.035m in length, 2.495m in width, 2.860m in height, and 12.13 tons in total weight.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 19, 20

2. Determination:

A. (1) The cause of the claim was before the enforcement of the Act on the Maintenance and Improvement of Road in Agricultural and Fishing Villages (Enforcement of December 14, 1991) at the time when the farming road in this case was preserved and registered as owned by the State on November 11, 1986, and the farming road in this case is a state-owned property falling under the "agricultural production infrastructure" under Article 2 subparagraph 6 of the Rearrangement of Agricultural and Fishing Villages Act, and the defendant is the managing body of the farming road in this case pursuant to Article 28 of the State Property Act, Article 32 of the Regulations on the Delegation and Entrustment of Administrative Authority, and

(2) However, the instant accident occurred because the concrete plate of the farm road of this case, which was defective at the time of the accident, was destroyed and damaged without exposing the load of the instant cargo, thereby getting out of the back wheel part of the instant cargo vehicle, thereby getting out of the center and moving to the right.

In addition, the defendant was a local government that constructed and manages the farm road of this case, which was a public structure, and was negligent at the entrance of the farm road of this case without any loading weight limitation or safe driving indication.

Therefore, the defendant is in accordance with Article 5 (1) of the State Compensation Act.