1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of the building listed in the attached Table 1 (hereinafter “instant building”).

Defendant B is the owner of the land listed in attached Table 3 Section 123, and Defendant CD is the co-owner of the land listed in attached Table 3 Section 4.

B. The Defendants are implementing new construction works on their own land, and various construction vehicles pass the front road of the instant building.

C. After the commencement of the Defendants’ new construction works, the columns and stone were destroyed and damaged, and 355,338 won was required at its repair cost. In the case of the building listed in the attached Table 2, ruptures were generated on the walls, cement, and concrete on the stairs floor, and 2,760,176 won was spent at its repair cost.

【Ground of recognition】 The fact that there is no dispute, entry of Gap 1, 3, and 4 (if there is a tentative number, including branch numbers; hereinafter the same shall apply), the result of appraiser E’s appraisal, the purport of the whole pleadings

2. The plaintiff's arguments are based on the building of this case and the building listed in the attached Table 2 due to new construction works implemented by the defendants.

Since there were damages as described in the claim, the Defendants jointly pay to the Plaintiff KRW 3,115,514 (=35,338 Won 2,760,176) and damages for delay.

3. Determination

A. The trust under the Trust Act with respect to a claim for the repair cost of a building listed in the attached list 2 is to have the trustee manage or dispose of the property for the purpose of the trust by transferring or disposing of the property right to the trustee, and thus, if the trustee completes the registration of ownership transfer upon entrustment by the truster in the trust of real estate, the ownership inside and outside the trust shall be entirely transferred to the trustee.

(see, e.g., Supreme Court Decision 93Da62119, Oct. 14, 1994). Gambags, and attached Table 2, with respect to buildings listed in the attached Table 2, registration of preservation of ownership in the name of the Plaintiff on July 31, 2014, and registration of preservation of ownership in the name of the Plaintiff on September 5, 2014.