1. The plaintiff's claim is dismissed.

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

1. On July 16, 2014, at around 14:35, 2014, the network B (hereinafter referred to as “the network”) was rescued to the 119 first responder, who was dispatched after being reported by the fact that it was found that it was found that it was located in the mineral site of this case at the 280-3 Sinsan-si, Sinsan-si (hereinafter referred to as “the mineral site of this case”). However, on July 17, 2014, the hospital died as the cardiopulmonary function unit.

(hereinafter referred to as “the instant accident.” On October 17, 2006, the Defendant completed the registration of ownership transfer with respect to 280-3 large scale 257m2, Gunsan-dong, Sinsan-si, and the medicinalter installed on the said land is a public structure installed and managed by the Defendant.

The plaintiff is the only heir as the mother of the deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, 6, 7 evidence, Eul evidence 2 and 3 (including each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The Defendant asserted that the instant accident occurred because the Plaintiff did not take any measures despite the duty of care to prevent the occurrence of the instant accident by installing a steel network, etc. at the entrance or sampling entrance at the entrance or sampling entrance so that neighboring residents or players may not enter the site while suspending the use of the medicinal land as the possessor and the owner of the instant medicinal land.

Therefore, the Plaintiff, the inheritor of the deceased, sought damages against the Defendant due to the defect in the construction, preservation, or management of the instant medicinalter.

3. Determination

A. The defect in the construction or management of a public structure under Article 5(1) of the State Compensation Act refers to the defect in the construction or management of the public structure in a state where the public structure is not equipped with safety ordinarily required for its use. Thus, it cannot be said that there is a defect in the construction or management of the public structure merely because the public structure is not in a state of completeness and has a defect in its function.

In order to determine whether the above safety has been met, the purpose of the public structure in question, the present situation of the place of the construction and its use.