A. The Plaintiff and C (hereinafter “Plaintiff, etc.”) were the owners of 1/2 shares of D large 494 square meters and their ground houses in Gwangju-si, Gwangju-si (hereinafter “instant land and housing”). The Defendant is the owners of E large 546 square meters and their ground houses adjoining the said site.

B. The Defendant filed a lawsuit against the Plaintiff, etc. seeking the removal of the part of the building and the delivery of the land, alleging that part of the instant house was against the Defendant’s land owned by the Defendant (Seoul District Court Decision 2019No. 214735, hereinafter “instant prior lawsuit”), and the instant prior lawsuit was finalized on December 8, 2017, which determined the obligation of the Plaintiff, etc. as follows (hereinafter “instant compulsory adjustment decision”) around December 30, 2017.

Plaintiff

The Defendant, etc. remove a building with respect to each of the instant shares of 1/2 on the ground that connects each point of 7,8,9,10,16, and 7 of the attached drawings among the instant land by February 15, 2018, and transfers the said land to the Defendant. If the Plaintiff, etc. fails to perform the said obligation, the amount equivalent to 1,50,000 won per day from February 16, 2018 to the date of completion of the said obligation shall be paid.

C. On the ground of the instant land, with a white pents (hereinafter “instant wall”) on the part of the erroneous boundary over which the Defendant owned the land, a retaining wall of the substitute stone (a structure that made it impossible to collapse the soil of the instant land located at a higher place than the Defendant’s land; hereinafter “instant retaining wall”) was installed, and part of the front pents of the instant house was invaded by the Defendant’s land.

Plaintiff

On February 5, 2018, etc. completed the removal of the fence of the instant case.

E. On August 2018, the Plaintiff et al. sold the instant land and housing to a third party, and completed the registration of ownership transfer on and around September 13, 2018.

F. The defendant around October 2018, the plaintiff et al. of this case.