1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 1, 2015, the Plaintiff is an insurer that entered into a construction machinery insurance contract with a specialized construction mutual aid association (hereinafter “instant insurance contract”) with the following terms and conditions.

From April 1, 2015 to April 1, 2016, the insurance period of F20140351315 No. 130 of the Securities Insurance (Construction Machinery Insurance) among the insurance items: the nationwide insurance amount of KRW 150,000 per cent/70,000 per cent/40,000 upper portion of KRW 150,000 per cent/40,000 per cent/40,000 per cent/40,000 per cent;

B. The Cheongeo Basic Construction Co., Ltd. (hereinafter “Cheongeo Construction”) contracted from Hyundai Construction Co., Ltd. (hereinafter “Modae Construction”) for construction work at the site of the second apartment construction work site of Changwon-si, Changwon-si, the construction site of Changwon-si, the 2nd apartment construction site (hereinafter “instant construction site”).

C. At around 15:00 on October 7, 2015, Cheongo Construction, one of the instant construction machinery for the foundation of a port unit at the instant construction site, performed the PH file mooring work using machinery and its accessory devices, and was waiting to move the steering gear for the work of another construction section, there was an accident where the lower part of the left part of the port where the steering gear is located and the steering gear is turned down (hereinafter “instant accident”). D.

Due to the instant accident, the amount of damages was KRW 356,069,133, and the Plaintiff paid KRW 96,376,352 as insurance money to Cheongo Construction on March 21, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The main point of the argument is that the accident of this case occurred due to ground subsidence, and before the accident of this case occurred, the defendant sold the land at the place of the accident of this case and carried out the construction of the facility, and cut down the soil.