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

The defendant.

1. Facts of recognition;

A. On April 14, 2001, the Plaintiff is the owner of the instant land, who completed the registration of ownership transfer with respect to B/Y 658 square meters (the area at present is 622 square meters, after changing a land category into a building site and undergoing the process of annexation and partitioning with neighboring land; hereinafter “instant land”).

B. The Defendant, as the managing body of C, which is an agricultural and fishing village road (hereinafter “instant road”), passing around the instant land, installed a drainage pipe (hereinafter “instant crossing drainage pipe”) crossing the road from the south to north along the lower side while carrying out the packing construction of the instant road in 200 and 2001.

The exit part of the crossing drainage pipe of this case is about the Asan City D in the vicinity of the land in this case.

Since the entrance and drainage are not directly connected to the entrance and drainage, the considerable amount of the flowing water coming from the entrance part of the crossing drainage pipe of this case was successively drained down to the lower part of the land of this case, Asan-si and the land of this case, the lower part, which is the lower part of the north of the road of this case.

C. After the establishment of the instant cross-section, the flow of the road over the south of the instant road was leaked to the north of the instant road via the exit of the crossing drainage pipe to the flow of the instant road.

Accordingly, the land of this case was flooded by the concentrated flowing water, and the erosion of soil was continuously done.

The Plaintiff, from May 9, 2015 to October 10, 2015, dumped to restore the instant land damaged by flooding and erosion, and installed a drainage channel.

(hereinafter referred to as the “instant restoration work”). (e)

On May 28, 2016, the Defendant closed the entrance part of the crossing drainage pipe of the instant case, and thereafter, even if there is a good rain, there was no inundation or erosion damage on the instant land.

[Reasons for Recognition] In the event there is no dispute, Gap's evidence Nos. 1, 5, 7, 9, 17, 19, 20, and 22 through 31.