1. The Defendant shall, in turn, in turn indicate 1, 2, 12, and 1 of the annexed drawings among the land size of 244 square meters in Hongcheon-gun Hongcheon-gun, Suwon-gun, the Plaintiff.

1. Basic facts

A. On June 3, 2014, the Plaintiff completed the registration of ownership transfer with respect to the Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and 244 square meters of forest land (hereinafter “instant land”).

B. The Defendant owned 547 square meters adjacent to the instant land, and used a stone shed as a housing site by stockpiling a stone shed on the ground of 2 square meters in the connected part of the instant land, which is located on the part of 1 square meters and 3, 4, 5, 13, and 3 in sequence, among the instant land, each point of which is indicated in the annexed drawing No. 1, 2, 12, and 1, among the instant land.

[Ground of Recognition] Facts without dispute, entry or video of Gap evidence 1 through 8 (including each number), the result of the commission of surveying and appraisal to the Hongcheon Branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above facts of determination, since the Defendant owned a stone shed on the land of this case and occupied the land of this case, the Plaintiff, the owner of the land of this case, is obligated to remove the stone shed above the land of this case, unless there is any assertion of legitimate title to possess the land of this case.

In regard to this, the Defendant alleged that the owner of the instant land at the time of new construction of electric power units would have accumulated stone festivals in consultation with the former owner of the instant land in order to prevent the loss of village roads, and that the removal of this part did not have any profit to the Plaintiff, while the removal of this part is limited to three square meters in size and is at risk of collapse in case of removal, so the right to seek removal of the instant case constitutes abuse of rights. However, if the exercise of rights is intended to be deemed an abuse of rights, the subjective purpose of the exercise of rights should be to cause pain and damage to the other party, and the exercise of rights should be objectively deemed to be in violation of social order, and if the exercise of rights does not fall under such cases, it shall be deemed to be in violation of social order.