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1. The Defendant shall pay KRW 36,417,362 and KRW 5% per annum from September 1, 2018 to September 21, 2018, and pay the full payment from that following day.
Reasons
1. Basic facts
A. The Plaintiff is the owner of a factory on the ground of the instant land (hereinafter referred to as “instant factory”) and a factory on the ground of the instant land (hereinafter referred to as “instant factory”) in Kimpo-si, Kimpo-si. The Defendant is the owner of Kimpo-si D (hereinafter referred to as “instant land 2”) adjacent to the instant land and a factory on the ground of the instant land 2 (hereinafter referred to as “instant factory”).
B. Around November 8, 1999, E Co., Ltd. constructed a temporary building of 515.20 square meters in size on the land No. 1 and the land No. 2 of this case and used it as a warehouse (hereinafter “instant temporary building”), and sold it to the Plaintiff. Since January 2014, the Defendant paid the Plaintiff the fee while using the said temporary building. At present, the said temporary building is leased to the F Co., Ltd.
C. The land No. 2 of this case was built with a steel reinforced concrete retaining wall in around 1991 (hereinafter referred to as "the retaining wall of this case"). The defendant purchased the above land No. 2 and acquired the above retaining wall together, and manages the retaining wall of this case until the date of closing argument of this case.
The first factory of this case and the second factory of this case are linked to the outer wall and roof of each factory, and the retaining wall of this case.
E. On August 28, 2018, where the instant temporary building and the instant land No. 1 were located and the instant land No. 2 were removed, and electric installations, such as electric poles, transformers, etc. installed on the instant temporary building and the instant land No. 1 and the instant land No. 2 were destroyed due to the collapse of retaining walls.
(hereinafter referred to as the "accident of this case"). 【No dispute exists, entry of Gap evidence 5-1 to 3, and Gap evidence 12, the result of the on-site inspection by this court, the purport of the whole pleadings.
2. Determination
A. (1) The term “a structure” as referred to in Article 758(1) of the Civil Act refers to an object produced by artificial work.