1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 21, 1983, the Plaintiff donated 1,719 square meters (hereinafter “instant land”) prior to D, Sinju-si, and completed the registration of ownership transfer concerning the instant land on July 19, 194.

B. Around August 22, 1998, E Village Association (hereinafter “instant building”) started construction of 58.49 square meters on the ground of 129 square meters (hereinafter “instant site”) for the second floor of the village hall of the second floor, 25.84 square meters (attached Form No. 1, 1, 2, hereinafter “instant building”) adjacent to the instant land, and completed the construction permission around December 31, 1998, and completed the registration of ownership preservation on the instant building on July 30, 2014.

C. On August 5, 2014, E Village Association sold the instant building in KRW 25,50,000 to F, and around December 16, 2014, F sold the instant building to the Defendant at KRW 34,50,000.

On December 17, 2014, the Defendant completed the registration of ownership transfer concerning the instant building on the ground of the above sales contract.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 3, and Eul's 3 (including numbers, hereinafter the same shall apply), and the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the Plaintiff’s instant building intrudes on the part 1 square meters in the ship connecting each point of 24, 25, 26, 27, 28, 17, 46, 47, and 24 of the attached drawing among the instant land and 30, 31, 32, and 30 of the same drawing indicating 8 square meters and 30, 31, 32, and 30 of the same drawing, the Plaintiff’s building in this case intrudes on the part 1 square meters in each point of 8 square meters of the attached drawing among the instant land (hereinafter “the aforementioned parts collectively”) and sought for the removal of each part of the instant building and the payment of unjust enrichment equivalent to the above part as to each of the instant land.

B. At the time of 198, Defendant 1 was constructed within the boundary point of the instant land and the instant site, following a survey while the Jiuri and Jiri residents, including the Plaintiff, were observed. The instant building does not violate the instant land.