1. The Defendant’s KRW 34,874,973 as well as the Plaintiff’s annual rate of 5% from December 20, 2012 to February 18, 2014.

1. Basic facts

A. The Plaintiff is the owner of Gwangju City C land (hereinafter “Plaintiff-owned land”) and two buildings on its ground (hereinafter “instant building”). The Defendant was the owner of D land adjacent to the Plaintiff’s land (hereinafter “Defendant-owned land”), and was granted a building permit to build facilities for elderly and children (child-care centers) on or around March 3, 2011, and was newly built at child-care centers around that time.

B. At the boundary of the land owned by the Plaintiff and the land owned by the Defendant, there was a concrete retaining wall installed by the Plaintiff. However, from April 201 to November 201, the Defendant installed a retaining wall of block-style reinforced soil attached to the aforesaid concrete retaining wall (hereinafter “instant retaining wall construction”).

C. The instant retaining wall construction works conducted by cutting the Defendant’s land abutting on the lower part of the instant concrete retaining wall installed by the Plaintiff and cutting the foundation thereof, constructing the block-type retaining wall above it, inserting reinforced soil between the block-type retaining wall and the instant concrete retaining wall installed by the Plaintiff, using one ton and ten tons roller, and planting the reinforced soil into the said reinforced soil. The instant reinforcement works conducted a work that connects the instant steel reinforced with the instant steel reinforced.

The defendant obtained a building permit by setting the height of the retaining wall of this case at 0.5 meters or 4.9 meters, but installed the retaining wall of this case in excess of the permitted height, and thereby, he was subject to corrective orders and enforcement fines from Gwangju Viewers.

E. At the time of the instant retaining wall construction, the Plaintiff-owned land was invaded. From October 201, the Plaintiff filed a civil petition against Gwangju Viewing the instant building on the following grounds: (a) vibration and ground subsidence caused by the retaining wall construction project, the ground-breaking construction, etc.; (b) damage, such as rupture and water leakage, occurs to the instant building; and (c) the Plaintiff filed a civil petition.