(a) The significance of any defect in the installation or preservation of a structure;

(b) Cases where it is recognized that there are defects in the preservation of drainage facilities.

(a) Defects in the installation and preservation of a structure mean defects that are incomplete for the construction and preservation of a structure, and they are in a state of failing to meet the safety requirements ordinarily required for such structure;

B. On the other hand, the water that has flown into a playground after the school is coming out of the playground manle and entered the drainage channel. However, since the said drainage channel is unable to prevent the flow, water flow flow flows over the wall of Appendix C, it is defective in the preservation of the drainage facility in case the water gate collapses with the pressure at the flow speed of the water flow due to the weight and slope flow flow.

Article 758 of the Civil Act

Plaintiff 1 and two others, Attorneys Kang Han-sung et al., Counsel for the plaintiff-appellant

Attorney Lee Jae-ho, Counsel for the defendant-appellant

Seoul High Court Decision 79Na1007 delivered on November 8, 1979

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's attorney's grounds of appeal are examined.

The defect in the installation and preservation of a structure means that it is incomplete to construct and preserve the structure that the structure itself flows out of it is not equipped with safety. According to the facts found by the court below in this case, △△△ school located in Seoul ○○○-dong 2 is located under the south of the Southern-do road, and there is a dump as stated in its reasoning at the top corner of the playground, and there is a drainage way as stated in its reasoning on the part where the dump ends of the dump has been installed, and it is located under the lower part of the wall so far as the dump of the sports site was removed from the wall to the lower part of the sports site, so it is possible to enter the area under the lower part of the sports site by 145 cent away from the wall, and the wall at the lower part of the sports site was filled up to the lower part of the sports site by 6 meters away from the wall to the lower part of the sports site.

Thus, the accident of this case cannot be deemed to be due to the failure to meet the safety requirements for the preservation of the drainage facilities of △△ National Schools under the control of the defendant, and the judgment below is just, and there is no misunderstanding of the legal principles as to defects in the installation and preservation of structures such as the theory of lawsuit, and the Supreme Court decision of the lawsuit cannot be deemed to be appropriate in this case.

The issue is groundless.

Therefore, this appeal is without merit, and it is dismissed. The costs of appeal are assessed against the losing party and it is so decided as per Disposition by the assent of all participating Justices.

Justices Han-jin (Presiding Justice)