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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. The Plaintiff, as his mother owned, her mother, Danam-gun, Jeonnam-gun, Danam-gun, 477 square meters (hereinafter “C land”) and 696 square meters prior to D (hereinafter “D land”), and 419 square meters of E-land leased by B as State-owned land (hereinafter “E land”).
(Evidence A 123, A 2, and 3). (b)
The Defendant contracted for “F access road construction work” ordered by Jeonnam-do, and began construction from January 201. The Plaintiff filed a civil petition with Jeonnam-do by asserting that the Defendant’s construction works may cause flood damage to land C, D and E (hereinafter “each of the instant lands”) adjacent to the construction site due to the Defendant’s construction works.
(C) 1. 1. Land C and D are filled up with a bank height, and land E is filled up with a bank height in line with the end line of protruding and D land as agreed between the Plaintiff and the Defendant.
Provided, That the problem arising in relation to the reclamation of land E, which is a State-owned land, shall be all the responsibility of the plaintiff.
2. Opening and providing access roads to ensure entry into and exit from a bank;
3. The embanking Corporation shall be constructed by the end of December 2012;
4.The part where C land and D land adjoins to the side of the drainage hole of the F-entry Road shall be constructed when the surface protection hole is performed when the surface protection hole is filled up in the construction section; and
C. At the request of Jeonnam-do, the Defendant set up a letter of performance as follows, around October 2012, the Plaintiff and the Defendant’s employees (the site manager at the construction site at the time) set up a letter of performance as follows.
(A) No. 4. D.
After preparing a performance memorandum, the Defendant filled up each of the instant lands more than twice, and the Plaintiff followed the process and raised an objection as to the quality of soil to be used by the Defendant to the Corporation from time to time.
(Partial testimony of Witness H). (e)
The defendant promised to construct additional banking works for the plaintiff.