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(영문) 광주고등법원(전주) 2019.06.27 2018나11669
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for this part of the basic facts are as stated in the corresponding part of the judgment of the court of first instance (from No. 2, No. 10 to No. 43). Thus, this part of the basic facts are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The plaintiffs' assertion

A. On August 13, 2012, when water flowing out from the instant forest owned and managed by the Defendant continued to be located in the instant farmland owned by the Plaintiffs, the water flown into the instant forest was discharged into the instant farmland by a large amount of rainwater and earth and sand simultaneously from the instant forest. Accordingly, the part of the instant embankment and the floor of the instant farmland was lost.

The farmland in this case was damaged by seawater that was flowed through a lost embankment on August 13, 2012, and became unusable to function as farmland for flooding.

B. The Defendant is responsible for managing the instant forest land, which is a preserved state forest, and has a duty of care to establish and implement a master plan on erosion control work every five years pursuant to Article 3-2 of the Erosion Control Work Act, and to install facilities or secure drainage channels so that rainwater can be appropriately distributed and drained as the owner of the instant forest located in the notified forest.

C. The fact that the farmland in this case was unable to function as farmland is not carried out by the Defendant in breach of such duty of care or installing drainage facilities, such as drainage, etc., and thus, part of the embankment in this case was lost due to the flow water flowing from the forest in this case to the farmland in this case at the time of the storm, and thereby the farmland in this case was flooded and damaged due to the flow of sea water. Thus, the Defendant is liable to pay the Plaintiffs the cost of restoring the farmland in this case to its original state due to the tort and the delay damages therefrom.

The plaintiffs are specifically the amount according to the ratio of the size of the farmland owned by the plaintiffs among the farmland in this case.

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