The case holding that the operator of a new apartment construction project is liable for damages on the ground that the operator has been negligent in inundationing a building by neglecting rainwater to the neighboring low-income building by intensively draining it into the neighboring low-income building even though he/she has a duty of care to install various facilities or secure drainage channels so that rainwater generated in the area of the new

The case holding that the operator of a new apartment construction project is liable for damages on the ground that the operator has been negligent in inundationing a building by neglecting rainwater to the neighboring low-income building by intensively draining it into the neighboring low-income building even though he/she has a duty of care to install various facilities or secure drainage channels so that rainwater generated in the new apartment construction project area

Article 750 of the Civil Act

Plaintiff 1 and two others

Korea National Housing Corporation and one other (Attorneys Jeon Sung-chul et al., Counsel for the plaintiff-appellant)

Seoul High Court Decision 2000Na58066 delivered on October 26, 2001

All appeals are dismissed. The costs of appeal are assessed against the Defendants.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below acknowledged the facts as stated in its reasoning based on its adopted evidence, and based on this, Defendant Korea Land Corporation, which carried out its business in neighboring areas, has a duty of care to take appropriate measures so as not to increase the risk of flooding due to the implementation of the project. Defendant Korea Housing Corporation, which immediately adjacent areas the plaintiffs' building, has a duty of care to install various facilities or to secure drainage channels so that rainwater generated in such areas can be properly distributed and drained, but has neglected to go beyond the upper road of the plaintiffs' building because rainwater generated in such areas is connected to neighboring neighboring parks, and neglected to go beyond the lower road of the neighboring 42 national highways. In light of the following circumstances, Defendant Korea Land Corporation, which carried out the expansion construction of the national highways above 42 times, should be linked to the lower road surface of the road surface so that it can be easily discharged into the lower part of the apartment road, and thus, it did not cause damage to the road surface of the plaintiffs due to the increase in the width of rainwater caused by a natural disaster.

Upon examining relevant evidence in light of the records, the above recognition and judgment of the court below is acceptable, and there is no error of law by misunderstanding facts in violation of the empirical rule or by misapprehending the legal principles as to liability and scope of damages, as otherwise alleged in the ground of appeal.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jin-hun (Presiding Justice)