1. Basic facts

A. The Defendant owned the land in Incheon Cheongjin-gun and the pentle of its ground. To enter the above land, the Defendant did not have to exercise overall control over the D previous 456 square meters (hereinafter “instant land”) and the E preceding 408 square meters (hereinafter “instant land”) used as a road from the past to access the above land. The Defendant did not have any other reason to exercise overall control over each of the instant land, including the two parcels of land.

B. F, G, H, I, J, K, L, M, N,O, and P, which are adjacent to each of the instant lands, were owned by the Plaintiff’s wife, and managed by the Plaintiff as the Plaintiff’s Dongin, and the Plaintiff was the Plaintiff’s Dongin (hereinafter “Plaintiff’s land”). In order to indicate the boundary, the Plaintiff installed a fence and a steel network fence between the Plaintiff’s land and each of the instant lands.

C. Around March 2003, the Plaintiff and the Defendant agreed to purchase from the Defendant for KRW 130,000,000,000,000,000,000 from the Sipo-gun, Incheon, Incheon, and to remove the existing fences installed between the Plaintiff’s land and each of the instant land, and to install a new fence by withdrawing one meter from the existing fences.

The plaintiff removed the existing wall in accordance with the above agreement and connects the two points in order of the specifications No. 1, 14, 15, 16, and 17 among the land No. 1 of this case, with a height of 1.8m high from the straight line connecting the two points in order of 49.9m high, 0.7m high from the straight line connecting each point of 18, 32, 19,20m high, 0.7m high, 5m high from the straight line between the two points of 18, 32, 19, and 20m high, 20, 10m high from the straight line of Simenor concrete retaining the length of 5m high, 1.3m high, 1.3m high from the straight line connected each point of 20, 200m high, 14.2m high, 13m high from the part of the land No. 2 of this case, and 32m high from the end of concrete of 139.