1. The Defendant (Counterclaim Plaintiff) is attached to the Plaintiff (Counterclaim Defendant) out of the Seocho-gu Seoul Metropolitan Government D major 728.1m2.

1. Basic facts

A. On April 2, 198, the Plaintiffs purchased the Seocho-gu Seoul Metropolitan Government D large 728.1 square meter (hereinafter “Plaintiff’s land”) on April 9, 198 and completed the registration of transfer of ownership (public land portion: Plaintiff A19/20, Plaintiff B1/20) in their names on April 9, 198.

The Plaintiffs newly constructed a building of a size of 46.80 square meters on the said land (hereinafter “Plaintiff building”) of the steel framed structure’s neighborhood living facilities, 34.50 square meters on the 1st floor, 247.50 square meters on the 2nd floor, and 46.80 square meters on the 46.80 square meters on the 2nd floor, with the approval for use on July 30, 1992.

B. On the ground of the Seocho-gu Seoul Metropolitan Government 405 square meters and F 404.8 square meters (hereinafter collectively referred to as the “Defendant’s land”), there was a building with the brick lux roof, the registration of preservation of ownership of which was completed on May 6, 198, one unit of the building, the 1st floor, the 213.78 square meters, and the 18.72 square meters of land (hereinafter referred to as the “former building”) adjacent to the Plaintiff’s land.

On Sep. 9, 2002, the defendant purchased the defendant's land and the old building from Daehz Co., Ltd. and completed the registration of ownership transfer under his name on Oct. 16, 2002.

The Defendant newly constructed a building of the Gu which is a building which is a building of the Gu, a general steel structure reinforced concrete roof 5 stories, outside business facilities 2.5 stories, 4 stories, 591.77§³, 629.16§³ for 3 stories, 629.16§³ for 1 stories, 635.66§³ for 1 stories, 459.32§³ for 474.20§³ for 2 stories for 2 stories for 3 stories, 474.29§³ for 474.29§³ for 4 stories, 474.29§³ for 5 stories, 471.23§³ for 21.13§³ for 21.14 stories for 204 (hereinafter “Defendant building”) and has used the above building until now after obtaining approval for use on June 14, 2004.

C. The Defendant’s land has a high area compared to the Plaintiff’s land, and there has been a retaining wall for a long time between both lands. The retaining wall above, among the Plaintiff’s land, is against the ground of 8.4 square meters in part of “bb” in the ship, which connects each point of 1, 2, 3, 4, and 1 of the attached cadastral status survey line among the land of the Plaintiff.

On the ground of the above retaining wall, there is a landscape zone for the defendant building, and a house modification for excellent drainage on the rooftop of the defendant building is located in the above landscape zone, and the above retaining wall is considerably paid in the direction of the plaintiff building.