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(영문) 광주지방법원장흥지원 2017.08.30 2015가단3977
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From around 1985, the Plaintiff asserted that he had cultivated 2,436 square meters in Jeonnam-gun, Jeonnam-gun, Seoul, 2,155 square meters, D previous 873 square meters, E prior 831 square meters, and F prior 724 square meters in 2,436 square meters. On December 24, 2012, the Plaintiff cultivated approximately 300 square meters in total from the remaining land (hereinafter “instant land”).

From November 23, 2010 to November 30, 2013, the Defendant carried out a “H project (rural road I; hereinafter the same shall apply)” with the content of road tracking construction, etc. in the G G department in the Jeonnam-gun, Seoul Special Metropolitan City around the instant land. In the process of implementing the project, the Defendant had a duty to install excellent pipes, etc. so that rainwater, etc. does not flow into the neighboring land of the road packing construction site. However, the Defendant carried out construction without installing excellent pipes, etc., and around June 2013, installed excellent pipes around 2,155 square meters in the vicinity of the Seoul Special Metropolitan City, Chungcheongnam-gun, Seoul Special Metropolitan City (hereinafter referred to as the “instant project”).

As such, the Defendant, while carrying out the instant project, did not timely install superior pipes and did not link the drain basin of the upper part of the instant land with the drain basin of the lower part of the instant land. As a result, a large amount of rainwater flows into the instant land. Accordingly, the Defendant was liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the defect in the construction of the said public structure.

2. The Defendant did not properly establish a superior in the process of performing the instant project.

As to the fact that the implementation of the project of this case causes obstruction to drainage near the land of this case, the inflow of water into the land of this case has significantly increased due to such malfunction of drainage, and the plaintiff's nasium trees, which are planted on the land of this case, have been dead due to the increase of water inflow, submitted up to now.

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