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

A. On September 26, 2012, the Plaintiff purchased the instant land from the Defendant, the Nam-gu Incheon Metropolitan City B large 448.6 square meters (hereinafter “instant land”) and the first floor reinforced concrete restaurant building owned by the Defendant, to 1.6 billion won (hereinafter “instant sales contract”), and paid the remainder of the purchase price on January 14, 2013, and completed each registration of ownership transfer.

B. At the time of the instant sales contract, a concrete retaining wall (hereinafter “instant retaining wall”) was installed in part (b) as below at the boundary line of the instant land. Of the instant land, the size of the retaining wall was 23.5 square meters in size, and the size of the bottom was 22.98 square meters in size.

C. The Plaintiff: (a) calculated the same project site size as 448.6 square meters, which is the area of the instant land; and (b) removed a restaurant building on the ground; (c) thereafter, he/she became aware of the fact that the retaining wall and its basis were installed within the boundary of the instant land through a boundary restoration survey; and (d) reduced the floor size of an officetel that can be newly built on the instant land compared to the initial Plaintiff’s plan.

[Reasons for Recognition] Unsatisfy, entry and video of Gap evidence 2 through 6, 15, and 16 (including each number), the result of the appraiser C’s cadastral survey appraisal, the purport of the whole pleadings

2. The plaintiff's assertion

A. Although the Defendant, as the seller of the retaining wall, was obligated to notify the Plaintiff at the time of sale of the instant land and its ground, the purchaser of the instant land, as the purchaser of the retaining wall, of the fact that part of the retaining wall and its basis was invaded, the Defendant did not notify the Plaintiff of the fact. As such, the Plaintiff is liable for nonperformance or tort