A. Of the Seocho-gu Seoul Metropolitan Government 289.8 square meters, the attached appraisal marks 6, 4, 5, and 6 are indicated.

A. The Plaintiff is the owner of the Seocho-gu Seoul Metropolitan Government Seoul Metropolitan Government C Dae-gu 289.8 square meters (hereinafter “instant building site”) and the five-story building on its ground, and the Defendant is the owner of Seocho-gu Seoul Seocho-gu D-206.5 square meters adjacent to the instant building site (hereinafter “instant neighboring building site”) and the five-story building on its ground.

B. Around September 200, the Defendant purchased and used the adjoining site and its ground buildings of this case, and constructed a new building on the land as of July 201. As a result of the boundary survey at the time, the Defendant discovered that the fence, which served as the boundary between the site of this case and the neighboring site of this case, was constructed within the site of this case, and destroyed and damaged it and then newly constructed a fence.

C. Accordingly, the Plaintiff: (a) destroyed the wall without its own permission; (b) demanded the removal of the part that invadedd the instant site among the fences newly constructed at the time; and (c) On July 6, 2011, E, the husband of the Plaintiff and the Defendant, representing the Defendant, concluded an agreement that the basic part of the new wall built by the Defendant, which infringed on the instant site (hereinafter “instant agreement”).

Meanwhile, among the instant land, the part where the basic part of the fence built by the Defendant is invaded is 0.5 square meters in the ship (B) connected in order of each point indicated in the attached Table 6, 4, 5, and 6.

[Ground of Recognition] Uncontentious Facts, Gap evidence 1 to 5, Eul evidence 1 to 1 (including paper numbers) and images, the result of this court’s request for survey appraisal, the purport of the whole pleadings

2. Determination

A. 1) Determination on the ground of claim 1) Determination on the removal of a wall and the claim for delivery of land is examined. According to the above facts of recognition, if the plaintiff wishes pursuant to the agreement of this case, the defendant is obligated to remove the basic part of the above (b) part of the site of this case, which is 0.5 square meters, and deliver the above part of the land. The removal and removal as above.