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 indicated in the attached list (hereinafter “instant building”). The Defendant is the owner of the building that built the hospital building in the size of the first floor above 2052.5m2 and the fourth floor above the ground, adjacent to the instant building (hereinafter “instant construction”).

B. On May 12, 2017, the Defendant obtained a building permit for the instant construction project, and commenced the instant construction project from May 25, 2017.

C. At present, there are a number of substantially ruptures in vertical, horizontal, and slope direction on the walls of the first and second floors of the instant building, and the cost of KRW 15,638,346 is required to repair them.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1, Gap evidence 2, 2-2, and 4, each entry, appraiser D's appraisal result, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant neglected his duty of care to prevent damage to the building of this case adjacent to the construction of underground excavation work and file stay work accompanied by vibration and shock during the construction of this case, which caused damage to the building of this case due to vibration and shock during the construction of this case. As such, the defendant should compensate for the repair cost of this case, 15,638,346 won, and damages for delay due to the above tort.

3. According to the appraisal results of appraiser D, it is recognized that the appraiser presented the opinion that "a serious vibration has occurred by destroying (this part of the posts) to remove noise and vibration using file scrapers and pumps during the process of the rearrangement of the two parts of the instant construction work, and the above vibration has been transmitted through the ground surface to the building through the ground surface, thereby causing ruptures to the building of this case."

However, each of the evidence mentioned above is written in Gap evidence Nos. 5-1, 2, and 2-2.