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

A. The Defendant is the owner who completed the registration of ownership transfer on the ground of sale on December 20, 207 with respect to the land B of Young-gu, Suwon-si (hereinafter “instant land”) on January 7, 2008.

B. On November 7, 2016, the Plaintiff completed the registration of ownership transfer on November 7, 2016 with respect to the building of eight-story C ground (hereinafter “instant building”) adjacent to the instant land on the grounds of sale and purchase on November 7, 2016. On the same day, the Plaintiff completed the registration of ownership transfer on the ground of trust on November 7, 2016 to the trust of real estate (hereinafter “new real estate trust”).

The certified copy of the register of the building of this case states that the location of the building of this case is "Yeo-gu C and B", but as a result of the cadastral survey, the building of this case is located only on the ground of the land of Young-gu, Suwon-si, Suwon-si, and is not located on the ground of the land of this case.

C. On March 2017, the Defendant installed fences on the boundary between the instant land and the said C land. D.

As the Suwon District Court 2017Kahap10134, the trust of real estate was filed with the Defendant for a provisional injunction against interference by asserting that the Defendant had the right to use the site, the right to possess possession, and the right to passage over surrounding land. The above court rendered a decision to dismiss the application on August 7, 2017.

In this regard, the Seoul High Court appealed to 2017Ra20907, but the above court decided to dismiss the appeal on December 8, 2017.

For this reason, the status of the new real estate trust is re-appealed by Supreme Court Decision 2017Ma6473.

E. Native real estate trust filed a lawsuit against the Defendant as Suwon District Court Decision 2017Gadan517833, which was the subject of the right to use the site. On August 25, 2017, in the said lawsuit, the purport of the claim and the cause of the claim were modified by the claim such as the right to use the site, the right to possess the site, and the removal of fences based on the right to use the surrounding land. On October 10, 2017, the claim based on the right to use the surrounding land was filed in the said lawsuit.