1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 21, 1994, the Plaintiff completed the registration of ownership transfer with respect to D & D 82 square meters (hereinafter “Plaintiff’s land”).

B. On November 11, 2003, the Defendant completed the registration of ownership transfer with respect to the cement block block structure, 26.4 square meters (hereinafter “Defendant’s building”) on the ground of 81 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Plaintiff’s assertion is as follows.

The roof of the Defendant Building intrudes on the part (A) and 3.5 square meters (hereinafter referred to as “family land”) connected in order to each point of indication 1, 2, 3, 4, and 1 of the attached drawing among the Plaintiff’s land, and thereby, the roof of the Defendant Building is causing damage to rainwater on the roof that had been on the roof enters the Plaintiff’s housing room on the ground of the Plaintiff’s land.

Therefore, the defendant is obliged to remove the roof of the defendant's building, which affected the land (A) by the plaintiff.

3. There is no evidence to view that the roof of the Defendant building infringes on the Plaintiff’s land. Rather, according to the appraiser F’s appraisal result, the roof of the Defendant building appears to be located in the Defendant’s land without impairing the Plaintiff’s land.

Therefore, we cannot accept the Plaintiff’s assertion seeking the removal of the part against which the roof of the Defendant building invadeds the Plaintiff’s land.

(2) If the plaintiff seeks removal of the roof of the defendant building located in the land of this court, the court of this case shall specifically specify the part seeking the removal and clearly state the legal grounds for the removal, but it shall not take any particular measures to the plaintiff. 4. Thus, the plaintiff's claim of this case shall be dismissed as it is so ordered.