1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The defendant alleged the claim.

1. Basic facts

A. The Plaintiff is the owner of Gwangju City C land (hereinafter “Plaintiff-owned land”) and two buildings on its ground (hereinafter “instant building”). The Defendant was the owner of D land adjacent to the Plaintiff’s land (hereinafter “Defendant-owned land”), and was granted a building permit to build facilities for elderly and children (child-care centers) on or around March 3, 2011, and was newly built at child-care centers around that time.

B. At the boundary of the Plaintiff’s land and the Defendant’s land, there was a concrete retaining wall installed by the Plaintiff. However, from April 201 to November 201, the Defendant, attached to the aforesaid concrete retaining wall, installed a lux-type reinforced soil retaining wall (hereinafter “instant retaining wall”) and installed the instant retaining wall (hereinafter “instant retaining wall construction”).

C. The retaining wall construction of this case was conducted by destroying the land owned by the Defendant located at the lower part of the above concrete retaining wall installed by the Plaintiff and constructing the block-type retaining wall on the ground, and then putting reinforced soil between the relevant block-type retaining wall and the concrete retaining wall installed by the Plaintiff. The retaining wall construction of this case was conducted by planting the steel around the above reinforcement and cutting the hole into the above concrete retaining wall, and is conducted by linking it with the above steel bars.

The Defendant obtained a building permit by setting the height of the retaining wall of this case at 0.5m or 4.9m, but installed the retaining wall of this case in excess of the permitted height, and accordingly, was subject to corrective orders and enforcement fines from Gwangju Viewers.

E. At the time of the retaining wall construction, the Plaintiff-owned land was invaded at the time of the instant retaining wall construction. From October 201, the Plaintiff filed a civil petition with Gwangju Viewing on the ground that the instant building causes damage, such as rupture, water leakage, etc., due to vibration and ground subsidence caused by retaining wall construction, ground subsidence construction, etc. from around October 201.

[Ground of recognition] There is no dispute.