1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in an engineering work, etc., and the Defendant is the owner of Yangyang-gun C Forest land of 1,790 square meters (hereinafter “instant land”).

B. On June 28, 2018, the Defendant concluded a construction contract with the Plaintiff with regard to the reinforced retaining wall and stone embankment construction of the instant land as follows:

(hereinafter “the instant construction contract”). The name of the construction project: Yangyang-gun C Reinforcement Korea

4. Aggregate construction funds: 70,000,000 won;

5. Contract bond: 45,000,000 won;

6. Payment of the price;

(a) 10% of the contract amount shall be paid in cash within seven days after the contract for an advance;

(b)in cash not more than seven days of progress payments when completion of each process is completed in consultation with the plaintiff of the completed portion and the defendant;

The defendant shall pay the completion money in cash within seven days from the date of the claim after the plaintiff completed the construction.

7. Warranty period: 24 months after undergoing a usage inspection;

C. The Defendant paid the Plaintiff KRW 5 million as of August 26, 2018, KRW 10 million on September 2, 2018, KRW 10 million on September 2, 2018, KRW 10 million on September 4, 2018, KRW 10 million on September 19, 2018, KRW 10 million on September 20, 2018, KRW 10 million on September 20, 2018, KRW 539 million on October 29, 2018, and KRW 50,390,000 on September 29, 2018.

Meanwhile, the instant land is abutting on the land adjacent to Gyeyang-gun D and E (hereinafter “instant neighboring land”). Some of the reinforced retaining walls and front rocks constructed by the Plaintiff pursuant to the instant construction contract each of the items indicated in the attached Form 21, 22, 23, 4, and 21 among the neighboring land of the instant case, the part of “bbbbb” was 2 square meters connected in order to each of the items indicated in the attached Form 21, 22, 23, 4, and 21, and 4, 27, 26, 25, 24, 23, and 4, and each of the items indicated in the attached Form 2, 26, 28, 10, 32, 32, 30, 29, and 28.

(hereinafter collectively referred to as "the part of the instant assault"). 【The ground for recognition】 The fact that there is no dispute, Gap Nos. 1 and 2 (including the number; hereinafter the same shall apply), and Eul Nos. 1 and 2.