1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) On May 2013, Nonparty C sold part of the land for factory (3,934 m2 as at the time of division) to the Plaintiff of the land for factory in Namyang-si, Namyang-si, the Namyang-si before division.

Dor C sold another part of the land prior to the said division (1,107m2 as at the time of division) to the defendant at the same time.

B. C around February 201, 201, prior to the sale as above, performed reinforcement works on the boundary of the E and the part of the F land, and installed a retaining wall with a maximum height of 7.6 meters.

C. However, it is found that the width is about 5-22 meters and the length is about 4.8 meters in the erode section of the erode section of the erode part of the entrance road into the F-land among retaining walls.

Cadastral map (Evidence A 2) the location of rupture (see the result of appraisal)

D. (1) Around February 2016, the Defendant constructed two factories on F land after division.

At the time of shed, the defendant cut the flower of approximately 1.8 meters below the retaining wall and laid the septic tank underground.

【Evidence A’s Evidence Nos. 1 through 7, and Results of the appraisal

2. The parties' assertion

A. Since the Plaintiff’s assertion of cutting and purification works laid underground by the Defendant, the running speed of the crack in this case is faster than the natural growth speed, the Defendant is obligated to compensate for the crack repair cost, etc.

B. The crack of the retaining wall in this case’s assertion was generated before the Defendant cut down the retaining wall, and there is no problem about the structural safety of the retaining wall with the Defendant’s cutting construction works, etc., and thus, the Defendant cannot respond to the claim for compensation.

3. The results of the appraisal are as follows:

A retaining wall has already been secured the stability, and there is no problem arising from cutting of the defendant's ground (refluence of 1.8m).

The rupture is generated in the rupture section, the weak side of the retaining wall, and remuneration is required as it may occur due to the rupture of the rupture section at the time of construction, or double-construction failure.

The straight line of the retaining wall is very good and stable.

The crack of this case has a certain period of time for the reinforcement body.