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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 23, 2012, the Defendant obtained permission, etc. from the head of the branch office of Namyang-si to engage in development activities to create a site for Class II neighborhood living facilities and to construct a new building (hereinafter “instant construction”) with respect to the land C and D (hereinafter “instant construction site”) in Namyang-si, Namyang-si, the Defendant completed the construction of a site and the construction of a new building (hereinafter “instant construction”) on July 30, 2013.
B. From March 28, 2003, the Plaintiff is residing in the E’s detached house located below the lower lower land at the construction site of the instant case (hereinafter “instant house”).
C. Between July 13, 2013 and July 14, 2013, a concentrated rain (153 meters of the rainfall on July 13, 2013, and 49 meters of the rainfall on July 14, 2013, the instant housing was flooded by inundationing the drainage way installed on the part of the F river adjacent to the construction site of this case (hereinafter referred to as “the instant drainage channel”) located on the lower lower lower lower lower lower lower sloped between July 13, 2013 and July 14, 2013.
(hereinafter “instant flood disaster”). D.
F Rivers are open from upstream to the entrance of the drainage of this case, adjacent to the construction site of this case, and are opened from the entrance of the drainage of this case to the lower of the road.
E. On July 14, 2014, Namyang-si: (a) dispatched an employee to the site after receiving a report on the flood disaster in the instant case; (b) opened the upper board of the flow section into the drainage route of the instant case; (c) ordered the removal of miscellaneous products, such as tree roots, automobiles, soil and rocks, where the flow outlet was prevented; and (d) flooded water drained through the drainage channel of the instant case after removing the miscellaneous products.
After all, the Namyang-si re-established the water holes of the drainage of this case and constructed a L-type measuring instrument.
F. Meanwhile, while performing the instant construction at the construction site without permission, the Defendant cut the ground of approximately 1.5 meters in height and approximately 232 square meters in size on G land adjacent to the construction site, and at the edge of the F River part, about 45 meters in length and height.