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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On June 20, 2012, the Plaintiffs, as married couple, acquired shares of 1/2 of the 651 square meters of forest land and 255 square meters of forest land (hereinafter “each land of this case”) and co-ownership thereof until now. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) constructed and sold a lot of land, including each land of this case, as a housing site, and constructed a retaining wall (hereinafter “the retaining wall of this case”) on the boundary of G site and H forests adjacent to each land of this case around March 2003, and Defendant D was working as the representative director of the Defendant Co., Ltd. from that time to that time.
B. (1) From March 2014, from around March 2014, the Plaintiffs discovered that the retaining wall of the instant case is being funded by the retaining wall.
(2) On June 27, 2014, the Plaintiffs requested the Defendant Company to take safety measures from the owner of the said G site, and requested the Defendant Company to check the safety conditions of the retaining wall of this case and to change the safety measures, etc., but the Defendant Company refused to take safety measures for the retaining wall of this case on July 7, 2014.
(3) From August 2014, the Plaintiffs completed the reinforcement work of the retaining wall of this case, and disbursed a total of KRW 88,373,889, and completed the said reinforcement work.
【Fact-finding without dispute over the ground for recognition】 Each entry of Gap's evidence 1 through 9, 12, 14 through 27, 29 (including branch numbers; hereinafter the same shall apply), witness I's testimony, and the purport of the whole pleadings
2. Judgment on the plaintiffs' assertion
A. Although the Defendant Company, at the time of executing the retaining wall of this case, had installed the retaining wall of this case with a total length of 4 meters and a thickness of 0.6 meters, the length of the actually constructed lower-price was less than 1.5m to 1.7m, and the thickness was less than 0.5m.