A. The party status Plaintiff A is the owner of F, which is a multi-household house and neighborhood living facility with the fourth floor above the fourth floor above the ground located in the Gangnam-gu Seoul Metropolitan Government F (hereinafter “instant building”). Plaintiff B is the manager of the instant building; Plaintiff C is the father of Plaintiff A, who resides in the instant building No. 402; Defendant D is the owner of multi-household house and neighborhood living facilities with the fourth floor above the ground level above the instant building (hereinafter “the instant adjacent building”); and Cheongo Construction Co., Ltd. (hereinafter “Cheongo Construction”) is a newly built adjacent building.

B. The details and current status of the construction of the instant building and the instant neighboring building (1) Plaintiff A built the instant building around 2008.

(2) On April 2010, Cheongo Construction was awarded a contract for the construction of a new building by Defendant D, and completed the completion inspection after building the instant adjacent building around January 201.

(3) The site of the instant building is located at a location lower than 3 meters compared to the site of the instant adjacent building, and there was a wall jointly installed around 1985 (hereinafter “instant wall”). The instant wall was constructed with a non-refluence concrete wall at a height of 1.1m as of January 1, 1985, and was extended to a height of 3.6m in total on two occasions thereafter.

C. As of the present status (1) of the instant building and the instant wall, there are defects in ① the fall of the stairs of the underground floor, ② the water leakage of the underground floor, ③ the water leakage of the parking lot, ④ the heat of the interior walls of the household, ⑤ the water leakage number inside the household, 6 the water leakage number around the windows inside the household, 7 the heat of the rooftop floor, and 8 the height of the floor of the rooftop floor.

(2) At present, there was a defect such as rupture due to the aging prior to the construction of the instant adjacent building, and the instant fence has been 8m or 15m in the direction of the site of the instant adjacent building.