The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff shared with D the land of Seoul Special Metropolitan City, Gwangjin-gu, 185.7 square meters (hereinafter “instant land”) and removed the instant land, and newly built a reinforced concrete structure (refinite concrete branch, multi-household housing, and neighborhood living facilities with five floors on the instant land, thereby obtaining approval for use on October 11, 2018. The Defendant owned the instant land of 223.5 square meters, adjacent to the instant land in Gwangjin-gu, Seoul Special Metropolitan City.

B. On January 2018, the Plaintiff removed a fence near the boundary of the instant land and the Defendant’s land, and constructed a new multi-household house on the instant land, and installed a fence again (hereinafter “instant fence”) connecting each of the points indicated in [Attachment 2] No. 9 and 10 at the Plaintiff’s expense around October 11, 2018, around the date of approval for use.

[Based on recognition] Gap evidence Nos. 1, 3, and Eul evidence Nos. 1, and this Court's boundary restoration survey for the Korea Land Information Corporation and cadastral status survey entrustment results, inquiry inquiry results, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is that the defendant invadeds 1.3468 square meters inside the ship connecting each point of the annexed drawing Nos. 1, 2, 3, 4, and 1 among the land of this case, and installed a brick fence connected each point of the same drawing Nos. 1 and 2, and illegally occupies and uses the land of this case. The plaintiff requested the defendant to remove the wall several times, but the defendant refused to comply with this.

However, since the land of this case is invaded by the aforementioned fence, and the plaintiff is obstructed in exercising his/her property right such as being unable to park on the land of this case, the removal of the wall of this case based on the ownership of the land of this case is sought, and the delivery of 1.3468 square meters is sought in sequence, which connects each point of the attached Form 1 No. 1, 2, 3, 4, and 1.

B. Therefore, first of all, we examine whether the fence of this case invadeds the land of this case, and Nos. 1 through 1.