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(영문) 전주지방법원남원지원 2020.11.11 2019가단792
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. B Dam (B reservoir and road 1) The Defendant constructed B reservoir (hereinafter referred to as “instant reservoir”) in 1987 to 1999, and registered it as agricultural infrastructure around October 16, 200. 2) On October 12, 1994, the Defendant purchased 8,175 square meters of land in Do-gun-gun, Jeonbuk-gun as public land for the purpose of installing a management road on the west of the instant reservoir in order to maintain and manage the instant reservoir in the future. On November 8, 1994, the Defendant completed the registration of ownership transfer on the said land on November 8, 1994.

3) On April 27, 1998, the Defendant constructed the instant reservoir management road on the said land, and changed the land category of the said land to a road (hereinafter referred to as “instant road”) (hereinafter referred to as “instant land”).

(B) Since then, the instant road is managed. (b) On February 18, 2019, E around 17:40, around February 17:40, 2019, after the occurrence of an accident and the death of E, etc., E carried the dead body of the width of the land in its house located in the F of the Jeonnam-gun of North Korea, and carried the dead body of the land in the direction of the B Dam in accordance with the instant road by driving the Badiopia (hereinafter “the instant private road”).

2) At the time, the instant road was fallen rocks (hereinafter “instant falling rocks”) on the middle of the instant road from E’s house to B dam (hereinafter “the instant road part”), and on February 24, 2019, E was killed on the ground of the instant accident, the part on which the instant fallen rocks were located near the instant road (hereinafter “instant accident”). On February 24, 2019, E was killed on the ground of the instant injury.

(4) The deceased’s heir is the deceased’s spouse, and G, his/her spouse, and is his/her husband and wife (hereinafter “the deceased”). [The facts that there is no dispute over the grounds for recognition, A-5, 11, 12, 15, and 16, B-3, and 7-10, and the purport of the entire pleadings, images, and the whole purport of the arguments.

2. The defendant is the manager of the road of this case, which is alleged by the plaintiff.

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