1. The part against the plaintiff (Counterclaim defendant) among the part concerning the counterclaim in the judgment of the court of first instance shall be revoked, and the part concerning the revocation shall be revoked.

Facts of recognition

A principal lawsuit and a counterclaim shall be deemed simultaneously.

On November 20, 2015, the Plaintiff and the Defendant concluded a contract on November 20, 2015, with respect to the land owned by the Plaintiff (hereinafter “instant land”) to carry out civil works (hereinafter “instant construction works”) that install retaining walls and stone embankments in the form of piling up the land as shown in the attached drawing, with respect to the land owned by the Plaintiff, the total area of five sections is 635 square meters, and the reinforced soil is 635 square meters in the total area and install retaining walls and stone embankments.

At the time, the Plaintiff and the Defendant respectively set the construction cost of KRW 100 million and the construction period of one month, and the Plaintiff paid the down payment to the Defendant around that time.

Around January 2016, the Defendant had a difference between the height of the site and the lower level of the site, and thus, the additional reinforcement soil works (hereinafter “instant additional works”) were conducted in the annexed drawing section.

Around April 2016, the Defendant discontinued the instant construction project and recovered from the instant land.

Since then, there has been a phenomenon of distribution in the reinforced retaining wall in the attached Form section constructed by the defendant, and the plaintiff removed the reinforced soil in question, and then he then he he he stored the reinforced soil again and stored the drained construction work.

The Defendant, as follows, installed a reinforced retaining wall on the G land, which is an adjacent land, in sequence connected with each point of 29,30,31,13, and invaded the boundary of the adjoining land.

As a result, around October 21, 2016, the Plaintiff was notified by the Yangyang-gun to implement compensation for damages and restoration to the original state for reconstruction of a reinforced retaining wall and intrusion of neighboring land in relation to the intrusion of neighboring land.

G [Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 5, 6, 7, Eul evidence 1 and images, appraiser E’s appraisal result, appraiser D’s appraisal result, the purport of the whole pleadings.

The court's explanation of this part as to the claim of the party's principal claim is consistent with the reasoning of the judgment of the court of first instance, and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant, as to a counterclaim claim.