1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

1. In the first instance court within the scope of this court’s trial, the Plaintiff, as the principal place of the lawsuit, dismissed the Plaintiff’s claim for substitute execution, and dismissed the Plaintiff’s claim for the removal of tin embankments, the delivery of land, the return of unjust enrichment, the installation of brooms and waste water (brooms and waste water), the installation of brooms and waste removal facilities (brooms and waste water) and the replacement execution thereof. The first instance court, as a counterclaim, rejected the Plaintiff’s claim for substitute execution in the principal place of lawsuit, partly accepted the claim for land removal, the delivery of land, the return of unjust enrichment, and the installation of obstruction removal facilities for rainwater, and the claim for the removal of dump and the delivery of land, respectively.

Therefore, since only the defendant appealed against this, the subject of the judgment of this Court is limited to the claims for the removal of stone, the delivery of land, the return of unjust enrichment, and the installation of obstacles to rainwater, and the part of claims for the removal of stone and the delivery of land among counterclaims.

2. Facts of recognition;

A. The Plaintiff is the owner of the land and the building on the ground (hereinafter referred to as the “Plaintiff-owned land”) located in the Gangseo-gun, Seowon-gun, Seowon-gun (hereinafter referred to as the “Plaintiff-owned land”), and the Defendant is the owner of the real estate indicated in the attached Table 1 and the land with D large scale 116 square meters located in the upper part adjacent to the instant adjacent land (hereinafter referred to as the “Defendant-owned real estate”).

B. Of the above D land owned by the Defendant and the land owned by the Plaintiff, there is a stone shed (hereinafter “instant stone shed”) on the ground of the attached Form 2 (A) 9 square meters.

C. Separately, before several years, the Plaintiff installed a roof of the slate of a warehouse around the Plaintiff’s house, and reinforced the axis in the vicinity of the said D land.

On the other hand, rainwater and ice generated from the real estate owned by the defendant are reduced directly into the land owned by the plaintiff located at the lower end of the above real estate, taking the roof and retaining walls of the above ground building.