1. Of the judgment of the court of first instance, the part against the plaintiff B which is ordered to pay below shall be revoked.

1. Basic facts

A. Plaintiff A is the owner of the real estate listed in the attached list (hereinafter “Plaintiff building”); Plaintiff B is a person who leases the underground floor of the Plaintiff’s building and operates the wing Provision Site; D is the owner of Dongdaemun-gu Seoul, Dongdaemun-gu, F Land (hereinafter “D”) and its ground buildings adjacent to the Plaintiff’s building.

B. On February 29, 2012, D entered into a contract for the new construction of a parking lot on the land and the extension of a D building between the Defendant and the construction period from March 12, 2012 to August 30, 2012. The construction period was extended by November 15, 2012 due to a contract for the new construction of a parking lot on the land and the extension of a D building.

C. From March 12, 2012 to April 2012, the Defendant carried out the excavation work during the instant construction (hereinafter “the instant excavation work”) and the replacement work into the existing sewage pipes. Of the instant excavation work site, the Defendant carried out construction by using CIP (main method) in most sections of the instant excavation work site, and carried out the construction by using CIP method in some sections of the said site where CIP method cannot be applied.

After the Defendant started the construction of the ground of destruction of this case, there was an increase in the existing cracks and damages of the Plaintiff’s building, and there was a phenomenon such as leakage of underground floors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 9, Eul evidence Nos. 1, 3, and 10 (including paper numbers; hereinafter the same shall apply) and images, the result of the appraisal commission to appraiser G by the court of first instance and the result of fact inquiry, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. The plaintiff 1's assertion of the parties A during the construction of the ground-breaking of this case, the defendant mobilized heavy equipment and excavated the ground at the construction site, and as a result, the heat and water leakage occurred in the plaintiff's building located near the excavated site due to shock, the defendant is liable for damages to the plaintiff A, which is equivalent to the repair cost.