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(영문) 서울중앙지방법원 2016.05.04 2015나49704
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

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").

The plaintiff's house and the ditch of this case are located below E, and the defendant is located below the mountain, and they manage the ditches of this case in consideration of the topographical characteristics of the ditches of this case, which are bound to flow together with water flowing.

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 from the residents of the instant ditch to request the installation of a safety network at the entrance of the instant ditch; (b) on June 22, 2011, through the Seocho-gu green belt and the public official in charge of the public official in charge of the Seocho-gu, the Defendant installed a metal net (total size: 120cm in width; 90cm in length; hereinafter “the instant steel network”).

C. However, around June 29, 201, in Seocho-gu Seoul Metropolitan Government, concentrated 169 meters of daily rain, and accordingly, the water circulated in the ditches of this case collapses the back fence of the Plaintiff’s house, and damages the Plaintiff’s multi-use room installed therein (it was constructed without permission around 2004 after the Plaintiff purchased the Plaintiff’s house), and inundations household tools, etc. in this case.

(hereinafter “instant accident”). D.

On June 30, 201, immediately after the instant accident, the Defendant removed the instant steel network installed at the entrance of the instant ditch. Before the installation of the instant steel network, the instant ditch did not run away, and notwithstanding the concentrated rain of 281m of daily rain on July 27, 201, which was after the removal of the instant steel network, the instant ditch did not run away.

E. Meanwhile, the Defendant removed the Plaintiff’s wall around 2012 according to the Plaintiff’s civil petition demanding compensation for damages caused by the instant accident.

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