1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 12, 2012, the Plaintiff, who owned B 4.5 tons of freight (hereinafter “instant truck”) and moved to the right bypassing from the 3rd distance from the Gyeong-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, Busan-gun, the Plaintiff caused an accident (hereinafter “instant accident”) where the instant truck lost its center on the road 222-road, which is an access road to the surrounding mountain village (hereinafter “the instant farm road”).

B. On November 11, 1986, the instant farm road is a state-owned land the registration of preservation of ownership has been completed under the name of the Republic of Korea, and the management authority on the registry is the Ministry of Agriculture, Food and Rural Affairs.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, 5, 19, and 20; Gap evidence 4-1 to 3; the purport of the whole pleadings and arguments

2. The plaintiff's assertion is the state property corresponding to agricultural production infrastructure as provided in Article 2 (6) of the Rearrangement of Agricultural and Fishing Villages Act, and the defendant is the managing body of the farm roads in this case under Article 28 of the State Property Act, Article 32 of the Regulations on Delegation and Entrustment of Administrative Authority, and the Local Autonomy Act.

The accident of this case occurred when the concrete board of the farm road of this case, which was constructed poorly at the time, was destroyed and damaged without exposing the load of the freight of this case, and thus, it became centered on the right side of the freight of this case. In view of the damaged part of the farm road of this case after the accident, there is a defect in the construction of the farm road of this case where it can be confirmed that the land of this case was constructed without conducting work to secure concrete strength, such as emulh, etc., and the defendant is a local government that installs and manages the farm road of this case as a public structure, and the ground of the farm road of this case is weak, and if it is apprehended to damage large cargo car like the freight of this case, it is possible to load the entry of the farm road of this case.