The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of the lawsuit shall be borne by the defendant.

purport, purport, and.

1. Facts of recognition;

A. The plaintiff B and the selected A are married couple

(hereinafter referred to as "Plaintiff, etc."). B.

The Selection A owns from May 14, 2004, the 1st underground and the 4th ground in Michuhol-gu Incheon Metropolitan City building (hereinafter referred to as "the plaintiff building of this case") and resides in family members and the 3rd floor of the plaintiff building of this case.

C. The Defendant is a person who removed the building on the second floor (from next to the Defendant’s building) located on the Incheon Michuhol-gu L and newly constructed the building on the first floor and the fifteenth floor above the ground.

The Plaintiff’s building and the Defendant’s building were built in a state where walls were attached, but the Defendant began to remove and construct the Defendant’s building (hereinafter “instant construction”) around October 2016.

E. On October 2016, the Defendant paid KRW 2 million to the Plaintiff, etc. who complained of noise, vibration, dust, etc. arising from the instant construction work. On December 28, 2016, the Defendant drafted a written agreement with the Plaintiff, Plaintiff B, stating that “B shall compensate for noise and mental stress to the construction site of this case, and make all agreements with the construction company that the Plaintiff’s outer wall of this case should be built with an outer wall of 30cm sprinkings and outer wall drum. It promises that no objection and civil petition should be filed later.”

On the same day, the defendant paid KRW 5 million to the plaintiff et al.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 5, Eul evidence 1 and all purports of pleading

2. Assertion and determination

A. (1) The Plaintiff’s assertion (1) The Defendant neglected to perform the duty of care necessary to prevent defects in the Plaintiff’s building while performing the instant construction project, thereby causing ruptures and leakages on the instant Plaintiff’s building.

the safety of a building;