1. The plaintiff's claim of this case against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a co-owner who owns the share of 284.2/338.2 square meters in Gangnam-gu Seoul Metropolitan Government B mass 338.2 square meters (hereinafter “Plaintiff-owned land”), and the Defendant Donggun integrated Construction Co., Ltd. (hereinafter “Defendant Donggun”) is the owner of the Gangnam-gu Seoul Metropolitan Government C mass 342.6 square meters (hereinafter “Defendant-owned land”) and the building on its ground (hereinafter “Defendant-owned building”).

B. Around February 2013, the Defendant Dongnam-do contracted the old building removal works, soil works, and reinforced concrete construction works on the land owned by the Defendant (hereinafter “Defendant Madin”) to the Defendant Madin Industrial Development Co., Ltd. (hereinafter “Defendant Madin”). Accordingly, the Defendant Madin contracted the said construction by October 2014.

C. Around February 26, 2013, Defendant C prepared a note stating that “I shall, after the completion of the above site construction, restore the fence between D hotel construction, location: Gangnam-gu Seoul Metropolitan Government, and Gangnam-gu B and C” (hereinafter “each of the instant notes”) to the Plaintiff, and Defendant C, around April 2013, prepared a letter of commitment, site location: Gangnam-gu Seoul Metropolitan Government, land location: Contents: In the process of the above site construction: (a) the existing fence was severely fluent and the removal was inevitable due to the occurrence of danger factors; (b) the Plaintiff would be able to restore in line with the progress of the construction at the present site; (c) the content of the restoration; (d) the CONC retaining wall theory (250mm2) at the boundary of the said site; and (d) the modification of the CON-C retaining wall content to the same effect as that of another CONF-Man-Manish (hereinafter “the instant letter”).

The defendant-appellant intends to remove the plaintiff's land and the existing wall installed on the boundary of the land owned by the defendant to the Gangnam-gu Seoul Metropolitan Government Office around July 2013, but the plaintiff filed a civil petition against the removal, obstructed the removal of the wall, and did not reach an agreement on the removal of the wall between the plaintiff and the defendant.