A. On November 28, 1978, the Defendant’s father-D completed the registration of initial ownership of 1305 square meters in relation to the 1305 square meters in Gwangju-si, Gwangju-do, and the said land was divided into 208 square meters in relation to E on August 6, 2002 (the land category was changed to the same site on the same day), 18 square meters in F, and 1079 square meters in relation to G.

B. D around April 1997, on E’s land, filed a construction report on the construction of a prefabricated structure of a panel structure of 82.14 square meters of building area and a single-story house on E’s land, and carried out the construction, and obtained approval for use of the above housing on August 29, 197, and completed registration of preservation of ownership on October 27, 1997.

C. The defendant completed the registration of ownership transfer on the ground of the donation dated July 19, 2002 with respect to each of the above lands and houses owned by D on August 6, 2002.

(hereinafter referred to as “Defendant’s land” and the above housing is called “Defendant’s Housing”). D.

On November 30, 2011, the Plaintiff completed the registration of ownership transfer on the ground of sale as of November 10, 201, with respect to C’s land adjacent to the Defendant’s land (hereinafter “Plaintiff’s land”).

E. At present, part of the Defendant’s stone embankments located on the boundary of the Defendant’s land and the Plaintiff’s land (hereinafter “the instant stone axis”) is located on the ground of the Plaintiff’s land located on the land of 47 square meters in the part of “B” connected with each point of the attached Table 1, 2, 3, 4, 5, 32, 31, 30, 29, 28, 27, 26, 25, and 1.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including each number, hereinafter the same shall apply), Eul evidence 6, the result of the request for surveying and appraisal of the Korea Land Information Corporation in this Court, the purport of the whole pleadings

2. The parties' assertion

A. Since the instant stone axis owned by the Plaintiff’s assertion interferes with the Plaintiff’s exercise of land ownership by erosion of the Plaintiff’s land, the Defendant is obligated to remove the instant stone axis on the land in the instant dispute and deliver the instant land to the Plaintiff.

B. The defendant's assertion was made on May 12, 1992 by the defendant's father D and family members.