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1. The Defendant’s KRW 32,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 2, 2012 to October 1, 2014.
Reasons
1. Basic facts
A. From around 2007, the Plaintiff operates a flower farm (hereinafter “instant farm”) with the trade name of “G” in four parcels (C forest land of 4,723 square meters, D 1,073 square meters, E 1,002 square meters, F 2,641 square meters) including the 4,01 square meters and four lots (C forest land of 4,723 square meters, D miscellaneous land of 2,073 square meters, and F 2,641 square meters) prior to Gangdong-gu Seoul Metropolitan Government.
B. On January 1, 2005, the Defendant is a project implementer of Gangdong-gu Seoul Metropolitan Government HH I Housing Site Development Project (hereinafter “instant housing site development project”) designated as a planned housing site development district, and is currently proceeding with the instant housing site development project after commencing the instant housing site development project on or around April 2007.
C. On September 21, 2010, the instant farm was flooded (hereinafter “the first flood”) by 22.5m a maximum of 22.5m meters on September 21, 201, and the instant farm was flooded at around 15 minutes on July 27, 201, when the concentration of 33.5m a maximum of 15m ad hoc.
(hereinafter referred to as “second inundation,” and the first and second inundations collectively referred to as “the instant inundation”). D.
The farm of this case is facing L, which is a housing site development project zone, with the main area of the Seoul Urban Area Highway (JB to JB B). Under the above Seoul Urban Area Highway section, a drainage pipe, such as the attached drawing, which flows into and out of L from the side of the farm of this case (hereinafter referred to as “the drainage pipe of this case”), is installed.
E. In 191, the Korea Highway Corporation established a passage park (referring to a passage park among the drain pipes of this case) with a width of 4.5m and height of 4.5m at 4.5m, at the point of JD 2.2 km, and installed a drainage pipe (5.6m in the drain pipes of this case) with a height of 4.5m, and extended the drainage pipe to D1,200m at each underground of this case on May 201.
The rainwater coming into and out of the farm at the time of the instant case shall be classified into: (1) through (4) and (5) and (6).