1. Appeal against the Plaintiff (Counterclaim Defendant)’s principal lawsuit and appeal against the Defendant (Counterclaim Plaintiff)’s counterclaim.

1. In light of the reasoning of the judgment of the court of first instance, it is difficult to change the facts and judgment acknowledged by the judgment of the court of first instance even if the evidence additionally examined by the court of first instance, and the reason of this judgment is as follows: (a) with respect to the Plaintiff’s new argument in this court under the first instance judgment No. 6, No. 12; (b) with respect to the Defendant’s new preliminary counterclaim at the court of first instance under the seventh 14th, the following judgment is the same as the reason of the judgment of the court of first instance

2. Determination on the part of the Plaintiff’s claim as to the main claim

A. The plaintiff's assertion is that the defendant occupies and owns the above structure by installing structures, such as drainage pipes, retaining walls, museums, etc. on the defendant's land. The damage suffered by the plaintiff was caused by defects in the installation or preservation of the above structure. Thus, the defendant is liable to compensate the plaintiff as the possessor or owner of the above structure for the damage suffered by the plaintiff pursuant to Article 758 of the

B. (1) Determination is that Article 758(1) of the Civil Act provides, “When any damage is inflicted on another person due to a defect in the construction or maintenance of a structure, the possessor of the structure shall be liable to compensate for the damage. However, if the possessor fails to exercise due care necessary for the prevention of damage, the possessor shall be liable to compensate for the damage.” The legislative purport of the above provision is that the person who manages and owns the structure shall exercise due diligence for the prevention of danger, and that if the damage is incurred due to the reality of the danger, he/she shall be held fair to impose liability on him/her. Thus, the term “defect in the construction or maintenance of a structure” refers to a situation in which the structure fails to meet the ordinary safety required for its use, and that structure shall also be determined