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

Purport of claim and appeal

The first instance court.

A. In relation to land ownership, the Plaintiff is the owner of 1/2 shares of the land in the land in Yeongdeungpo-gu and D Forest (hereinafter “the land owned by the Plaintiff, etc.”), and the Defendant is the owner of the E site and F forest land (hereinafter “Defendant-owned land”).

B. (1) On July 26, 2011, due to a heavy rain, there was a collapse of part of the retaining wall located on the land owned by the Plaintiff, etc. and on the boundary surface of the land owned by the Defendant, and the outflow of soil above the Defendant’s land. (2) On September 30, 2011, the Defendant filed a lawsuit (Uwon District Court 201Gahap19112) claiming damages equivalent to the cost of repair or new construction of the retaining wall against the Plaintiff (hereinafter “instant conciliation”) against the Plaintiff and the Defendant, and the conciliation was established on August 14, 2012 (hereinafter “instant conciliation”).

1. The Plaintiff (the Defendant) shall pay KRW 40,000,000 to the Defendant (the Plaintiff of the Prior Case) by September 28, 2012.

2. The defendant shall remove the retaining wall installed on the ground of the land owned by the defendant and install a new retaining wall, and in the installation work, the following matters shall be met:

The basis of a newly installed retaining wall may be installed underground within three meters from the boundary of the land owned by the plaintiff, etc., but the ground boundary of the retaining wall cannot be invaded by the above land.

(b) The construction of a retaining wall shall prevent damage to the ground trees and gardening (excluding the wells) of the land owned by the Plaintiff, etc., and shall restore the said land to its original state before the collapse of the retaining wall after the construction of the retaining wall.

C. In accordance with the appraisal report submitted by appraiser H (hereinafter “the appraisal report in the case of a prior election”), a drainage channel and a new sperm (construction cost equivalent to KRW 3,730,420) shall be installed on the land owned by the Plaintiff, etc., including the Plaintiff (hereinafter “the construction cost”).

3. Accordingly, the Plaintiff’s retaining wall installation works between the Defendant and the Plaintiff (includingG) related to the collapse of retaining wall installed on the ground owned by the Defendant.