1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of the Plaintiff’s land in Busan Shipping Daegu D, 130.3 square meters (hereinafter “the Plaintiff’s land”) and the second apartment house on its ground (hereinafter “the instant housing”). The Defendant is the owner of C Dae-145.4 square meters adjacent to the said land (hereinafter “the Defendant’s land”).

B. On April 2018, the Defendant: (a) around 2018, built a retaining wall of about 2m 50cm high from the boundary of the instant Defendant’s land adjacent to the instant land (hereinafter “instant construction”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-3, Gap evidence 2-2, the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. 1) With respect to the claim for damages, the construction of this case where the Defendant alleged that the Plaintiff had built a retaining wall on the part of the boundary of the Defendant’s land adjacent to the Plaintiff’s land was caused by a large number of cracks on the wall, outer wall, and concrete floor of the instant housing, and the ground was subsidenced. Therefore, the Defendant is liable to compensate the Plaintiff for tort for damages for the amount of KRW 2,750,000 at the cost of cutting the ground of the instant housing into earth and sand and reinstallation the fence and concrete floor, and for the cost of examining the impact of the surrounding building caused by the instant construction, KRW 4,50,000 at the cost of 4,250,250 and damages for delay. 2) According to the Gap evidence No. 1-4’s statement or image, it is found that there were a large number of cracks on the outer wall, fence, and concrete floor of the instant housing owned by the Plaintiff, but there is lack of evidence to acknowledge whether the heat was damaged by the said construction work or not.