1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 18, 1987, the Plaintiff newly built the land ownership and the Defendant’s house, completed the registration of ownership transfer on the ground of sale on June 17, 1987, with respect to the land of approximately 365 square meters (hereinafter “Plaintiff-owned land”) and 55 square meters of D site (hereinafter “Plaintiff-owned land”).

On February 27, 1979, the Defendant completed the registration of ownership transfer on the ground of sale on February 22, 1979 with respect to the land owned by the Defendant (hereinafter “Defendant-owned land”). On June 8, 1983, the Defendant constructed a tobacco and a single-story house of 84.36 square meters on the above ground (hereinafter “instant house”) and completed the registration of ownership transfer on April 10, 2012.

B. The part of the building site line and the steel pole fence line, which are part of the Plaintiff’s land erosion of the instant housing, are connected in order to each point of the following: (b) No. 1, b, c, d, 9, 8, 7, 6, and 4m2 of the attached drawings, which are part of the instant housing; and (c) land owned by the Plaintiff.

C. Urban gas centers are laid underground, while the land owned by the Plaintiff is laid underground.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, each entry of Eul 1 to 4 evidence, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s instant housing infringes on the Plaintiff’s land owned by the Defendant, the Defendant is obligated to remove the part of the instant housing unit (b) part of the building site and the steel fence fence, and deliver the Plaintiff’s land owned by the Plaintiff, and pay the amount of unjust enrichment equivalent to the rent from June 18, 1987 to the completion date of delivery of the said land, in order to the Plaintiff, in which the part of the building site and the steel fence connected each point in sequence 1, 2, 3, 9, 8, 7, 6, and 4 square meters in the instant land among the instant housing.

Since the Defendant committed a tort on the ground that the Plaintiff-owned tree damages the land owned by the Defendant, such as cutting down each tree and killing Eul around 2012 on the ground that the Plaintiff-owned tree damages the land, the Defendant was liable to compensate the Plaintiff for damages therefrom, and the Plaintiff shall be dismissed from 2012 to 2014.