1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The plaintiff is residing in Seocho-gu Seoul Metropolitan Government from April 12, 2004 to the date, and the defendant is an autonomous Gu that manages the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government ditch (hereinafter referred to as "the ditch of this case").

B. On June 21, 201, the Defendant: (a) around June 21, 201, at the time of rain rain, etc. from the residents of Seocho-gu Seoul Metropolitan Government, received a civil petition to request the installation of a safety network at the entrance of the ditch of this case; (b) on June 22, 2011, through the Seocho-gu green belt and the public official in charge of the public official in charge, installed a metal net in the form of chromatic (the total size is 120cm wide, 90cm long, 30cm long) at the entrance of the ditch of this case.

C. On the other hand, around June 29, 201, the Seocho-gu Seoul Metropolitan Government Group concentrated 169 meters of the daily rain. Accordingly, the water circulated from the ditch of this case collapses the Plaintiff’s house back fence, and damages the Plaintiff’s multi-use room installed there.

(hereinafter “instant accident”). D.

On June 30, 2011, the Defendant removed the wire network installed on the ditch of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 5, 6 (including each number), Gap evidence 8, Eul evidence 1 and the purport of the whole pleadings

2. The plaintiff's assertion that the defendant, as a manager of the ditch of this case, should have predicted the possibility of rain inundationing and prepared countermeasures against it, but did not fulfill such duty of care and installed a wire network on the ditch of this case. The accident of this case occurred due to the centralized rain that occurred immediately after the construction of the wire network in the ditch of this case.

Therefore, the defendant is obligated to compensate for the damages suffered by the plaintiff due to the accident of this case.

3. The defects in the construction or management of the public structure under Article 5 (1) of the State Compensation Act refer to the state in which the public structure was not equipped with safety ordinarily required for its use.