1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. A is the owner of 15,025 square meters of forest land D (hereinafter “1 land”). The Plaintiff is the owner of 11,530 square meters of forest land E (hereinafter “2 land”) and the Defendant (former: neighboring General Construction Company) is a stock company with business purposes, such as housing construction and civil engineering works.

B. On December 11, 2008, the Plaintiff and A (hereinafter “Plaintiffs, etc.”) concluded a contract for a trading with the content that the Plaintiff would sell the land 1 and 2 to Han beerc Co., Ltd. (hereinafter “ Hanerck”), and on December 11, 2008, Haner contracted construction work for construction of gas stations and rest areas (hereinafter “instant civil construction work”) to the Defendant for construction cost of KRW 1,023 million (including value-added tax).

C. The instant civil works were interrupted due to the failure to pay the construction cost thereafter.

Accordingly, on June 3, 2009, the Plaintiff et al. entered into a construction contract with the Defendant on the condition that they will contract the instant civil works to the Defendant for the construction cost of KRW 770 million (including value-added tax) (hereinafter “instant construction contract”). On September 9, 2009, additional construction works related to the graveyard transfer on land No. 1 were required, and the construction cost between the Defendant and the Defendant was increased from KRW 70 million to KRW 839.4 million at the initial KRW 69.4 million.

Land Nos. 1 and 2 is land in which two-five national highways are located and one another reports. The plaintiff et al. received the notification of completion concerning the instant civil engineering works from the Daegu-do management office around April 2010.

On August 15, 2010, when part of the retaining wall of the land No. 1 was collapsed, the Plaintiff et al. filed a claim against the Defendant for compensation for delay and repair of defects (Seoul District Court 2010Gahap1497, hereinafter “the main office”).

E. The defendant does not perform the floor packing work for the plaintiff et al. on the preceding main office, so the problem of drainage is problematic.