Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of Seo-gu, Seo-gu, Gwangju (hereinafter “instant Plaintiff-owned land”). The land in Seo-gu, G, H, I, J, J, K, K, L, M, and N (hereinafter “instant land”) located in the vicinity of the instant land owned by the Plaintiff is owned by Gwangju Metropolitan City.
B. On October 21, 201, Gwangju Metropolitan City ordered the Defendant to install a storage tank and an inflow pumps (hereinafter “instant construction”) on the site of the storage yard in P via a public announcement of the O construction work on October 21, 201.
C. Around that time, the Defendant laid down earth and sand occurred while performing the instant construction work on the land owned in Gwangju City. For the passage of construction vehicles, the Defendant installed fume, a diameter of which is 1 meter per square meter (hereinafter “the instant fume”) at the drainage ("B") located between the land of Gwangju Seo-gu and N land located between Gwangju, and opened a temporary passage way by stockpiling soil on the ground of fume.
From July 4, 2013 to July 5, 2013, Gwangju District 222.5m in total (i.e., 79. m. 79m. 4m. on July 4, 2013) concentrating a heavy rain on the level of 22.5m in total (i.e., 143m. on July 5, 2013) from July 4, 2013 to July 5, 2013, he/she killed part of the trees and sprink trees planted on the land
(hereinafter referred to as “the flood damage of this case”). [The ground for recognition] No. 1, Gap evidence, Eul evidence No. 1, Eul evidence No. 1, 3, 4, 5, 9, 11 (including the branch numbers, if any) or video and the purport of the whole pleadings.
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion was: (a) from October 201, the Defendant laid down the earth and sand occurred while performing the instant construction project on the land owned by the Gwangju City; (b) installed the relevant river in a river with a width of at least 4.5 meters located between the Seo-gu in Gwangju, Seo-gu and Q, and temporarily set up the said river as soil and a temporary road for traffic of construction vehicles; and (c) the Defendant extended the soil and sand on the land owned by the Gwangju City in performing the instant construction project.