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(영문) 광주지방법원 2017.01.24 2016가단517316
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiffs.

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiffs combine approximately 4,800 girs on the ground of 3,125 square meters and D 2,008 square meters (hereinafter “instant land”).

B. Around November 2014, the Defendant started the construction of access roads to the south side (hereinafter “instant construction”) among the E construction works. Around April 2015, the construction works closed the existing drainage channel without taking any measures to prevent flood damage on adjoining land.

C. Accordingly, the Plaintiffs suffered damages of KRW 87,137,00 due to the death of pine trees on the ground with water that failed to be found through a drainage channel on the instant land.

Therefore, the defendant is obligated to pay the above KRW 87,137,00 and damages for delay to the plaintiffs.

2. We examine the judgment, the evidence submitted by the Plaintiff and the result of the on-site inspection by this court alone are insufficient to recognize that the Defendant closed the existing drainage route while executing the instant construction through the Defendant’s auxiliary intervenor, and thereby, there is no other evidence to acknowledge that the said pine trees were dead. Thus, the above assertion by the Plaintiffs is without merit without further review.

3. In conclusion, the plaintiffs' claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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