1. Revocation of a judgment of the first instance;

2. All of the claims filed by the Plaintiff against the Defendant (Appointed Party) and the designated parties.

1. Basic facts

A. The Plaintiff is the owner of land and its ground buildings in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”)

The defendant and the designated parties (hereinafter referred to as "the defendants") are co-owners of land in Gangnam-gu, adjacent to the building of this case.

B. The Defendants obtained a building permit on May 1, 2014 in order to construct a new 2nd underground and 5th floor on the land owned by them, and entered into a contract for the construction of a new building with Nasung Co., Ltd. (hereinafter “Nasung”) on May 14, 2014 (hereinafter “instant construction”).

C. Since Nasung made it difficult to carry out the instant construction due to revocation of the construction business license, etc., the instant construction was waived on March 31, 2015.

Since then, the Defendants obtained approval for the use of the remaining construction on October 29, 2015.

On the other hand, at the time of the construction of the ground-breaking among the instant construction, according to the photographs submitted by the Plaintiff and the Defendants, it was confirmed that there was rupture on the floor of the ground parking lot of the instant building, the lower-side stairs, the inner and external walls, and the boundary fence.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, 9, 17 through 20 (including each number), Eul evidence Nos. 1 and 14, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion Defendants, on the ground of Defendant B’s father, did not take proper safety measures while directly performing the instant construction, and caused ruptures, etc. to the instant building.

Even if the Defendants did not directly perform the instant construction work and gave contracts to B, E, which can be seen as the Defendants or their agents, actually ordered and supervised the contractor with respect to the instant construction work, and this is accordingly.