A. On January 14, 2010, the Plaintiff entered into a sales contract with the Defendant to purchase the sales amount of KRW 29,000,000 (hereinafter “instant sales contract”) from the Defendant for the purpose of cultivating crops, etc. by cutting down a vinyl, which is owned by the Defendant, for the purpose of cultivating crops, etc. (hereinafter “instant land”). On the same day, the Plaintiff paid KRW 4,000,000 as the down payment, and KRW 25,00,000 as the remainder on February 15, 2010, respectively.

B. Since the instant land was located within the land transaction permission zone, the Plaintiff and the Defendant decided to register the creation of a neighboring mortgage instead of completing the registration of the transfer of ownership on the instant land. Accordingly, the Changwon District Court Kim Jong-hae Office (the maximum debt amount No. 13319, Feb. 18, 2010) received on February 18, 2010, registered the establishment of a neighboring mortgage in the Plaintiff’s name, which was 29,000,000.

C. The instant land and the instant land are directly adjacent to Kimhae-si, Kimhae-si, the Defendant and D jointly owned by the Defendant (hereinafter “instant adjacent land”). At the time of the conclusion of the instant sales contract, the Defendant, at the time of the conclusion of the instant sales contract, planned a stone shed to the Defendant’s expense on the morals located on the boundary of the instant land and the instant adjacent land.

Around July 2010, the Defendant accumulated a stone shed (hereinafter referred to as “first stone shed”) on the dials located on the boundary line of the instant land and the instant adjacent land, and the primary stone shed collapsed due to the impact of the stone falling around August 2010.

Around December 10, 2010, the Defendant re-stacked a stone shed (hereinafter “second stone shed”) and the second stone shed was collapsed around January 201.

Accordingly, the defendant's "third stone shed" around March 201, 201.

B another Stockpiling, and on May 201, part of the third tin was collapsed from the above.

E. Meanwhile, from July 2010 to August 2010, the Defendant performed a flat work on the Defendant’s land, and thereafter, performed a construction work on the Defendant’s land from July 2010 to December 2010, and thereafter, installed a plastic house on the Defendant’s land, and the Defendant’s third party as above.