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. The reasoning for the court’s explanation as to this case is as follows, except for the addition of the judgment on new arguments by the court of first instance, and therefore, it is identical to the ground for the judgment by the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the Plaintiff’s assertion 1) After receiving a contract from the Plaintiff for the construction work of KRW 160,000,000,000 for the above ground-based and 2 lots of land (hereinafter “instant construction work”), the Defendant obtained a completion inspection by extending the housing size to 4th floor on the construction permit certificate of the Ansan market for the above ground-based housing, even though the housing size fell under 160,000,000,000,000 for additional construction cost (6,000,000 won for the first floor, 4,000,000 won for the fourth floor, and 2,50,000,000 won for the second floor, and 7,000,000,000 won for the second floor and 2,000,000 won for the house-based construction work among the instant construction work, the Defendant, on July 2, 206, by deceiving the Plaintiff, did not enter the house-based construction work.

3. On July 2006, the Defendant, while constructing retaining walls concrete on the boundary of the site of the instant construction site, performed the retaining wall construction at will adjacent to the boundary point of land centered on ditches, despite the Plaintiff’s demand that “the land boundary point is at least 30 cm away from the land boundary point,” and performed the retaining wall construction at will, thereby preventing a part of ditches by the retaining wall.

Therefore, in order to solve this problem, the owner of neighboring land, the plaintiff newly made the ditch, performed the reclamation work of sewage pipes, and attached to the end of the retaining wall.

Due to the defective construction of retaining walls by the defendant, the plaintiff is due to the purchase of retaining walls 7.5 million won, additional sewage pipes and 9 million won, and sewage pipes reclamation.