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(영문) 서울중앙지방법원 2015.11.12 2014가합553790
손해배상(기)
Text

Defendant Seocho-gu shall pay to the Plaintiff KRW 27,586,350 as well as 5% per annum from July 27, 2011 to November 12, 2015.

Reasons

Basic Facts

The current status of Magsan is 293 meters high in height located in a single unit, such as Yang Jae-dong, Seocho-gu, Seoul, and Mag-dong.

On the shores of the Myeongsan, housing complexes, such as apartment units, and agricultural facilities, are located, and on the shores of the south side, there is the Seocho-gu Seoul Metropolitan City B Village.

Defendant Seocho-gu, upon delegation by Defendant Seoul Metropolitan Government, was supported by the city expenses of Defendant Seoul Metropolitan Government, and created a Myeonsan Natural Disaster Park (hereinafter, ecological park) around November 2002 from the shore in the south of Myeonsan from November 1, 2002, and began around July 2004.

The air force base managed by the defendant's Republic of Korea is located in the top of the west.

Defendant Seoul Special Metropolitan City started the construction of a tunnel leading to the north from around 2000 to the south of the west mountain, opened the tunnel around 2004, and opened the tunnel from November 5, 2008 to the south side of the west mountain, as shown in the drawings No. 1.

From September 21, 2010 to September 23, 2010, there was a landslide (area 42,000 square meters) in the euran mountain (hereinafter referred to as the “2010 landslide”) in the euran mountain, which was caused by the influence of the storm of the euran mountain landslide, and from September 21, 2010 to September 23, 2010. Accordingly, as shown in the attached Form 2, the earth and rocks (the flow of rocks, gravel, sand, and soil mixed with water in a relatively high concentration with water) were formed in the two basins of the euran valley, the euran mountain, and turned into the Seocho-gu Seoul Metropolitan Government C Apartment and D.

From July 26, 2011 to July 16, 2011, 16:20 to July 27, 2011, the concentration of maximum of 112.5 meters per hour (based on the South-North-west observation station on the westwest of the west of the west of the west) was made to the Seoul Special Metropolitan City, Gwanak-gu, and Gangnam-gu. As a result, from July 27, 2011 to around 07:40 on July 27, 2011 to around 08:40, as shown in the attached Form 3, approximately 150 landslides occurred in 13 districts (area 690,00 square meters) in the west of the west, and soil and stone occurred in the 31 basin.

(hereinafter, the landslide in this case).

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