A. On February 27, 2004, the Plaintiff and B, a shape of ownership transfer registration for the Plaintiff’s land and building, are completed the registration of ownership transfer from D themselves, on the ground of the sale on November 23, 2003, with respect to the prefabricated-gu Seoul, Nam-gu, Gwangju and 587 square meters (hereinafter “Plaintiff’s land”) and the prefabricated-type and reinforced concrete building and the prefabricated-type 1st underground floor above the lub roof (hereinafter “Plaintiff’s building”). < Amended by Presidential Decree No. 18158, Nov. 23, 2003>

B. On June 4, 2013, the Defendant: (a) was awarded a contract for construction of “H building” on the sixth floor above ground leveling from G, the owner of the said land, which is the owner of the said land, adjacent to the Plaintiff’s land (F large 1,202 square meters was combined with the said land on March 20, 2015; hereinafter the same shall apply); (b) from June 20, 2013 to May 2015, the Defendant carried out construction of “H building” on the sixth floor above the ground leveling the said land, etc. at the site; and (c) was performing the removal works, land destruction works, soil removal works, earth removal works, and excavation works and structures.

C. A document sent by the Defendant to the Plaintiff around October 9, 2013, the Defendant sent the following documents to the Plaintiff as the title “Singing site repair work”.

위 신축공사와 관련하여 귀 댁(원고 토지)과 당 현장 사이의 균열된 인도 및 집수정에 대한 보수공사에 대하여 시공사인 피고가 성실히 공사하여 드리겠습니다.

마지막으로 추후 발생할 수 있는 보수 부분에 대해서도 피고와 귀 댁간에 협의하여 조치하여 드리겠습니다. 라.

In the judgment B between B and G, G against G in the Gwangju District Court (2015dan557), in order to prevent the crackion, etc. of adjacent Plaintiff building in constructing a new building on the land of G, G must perform the construction of a boundary retaining wall and ground in order to prevent the crackion, etc. of adjacent Plaintiff building, but if the cracks occur in the Plaintiff’s building and water leakage occur, it has caused damage, such as cohesion, and drainage has not been properly done.