1. The plaintiff's claim is dismissed.

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

Facts of recognition

D was the owner of the Plaintiff’s land and E’s land (hereinafter “Defendant’s land”). On November 25, 2013, the building report was filed with the head of Bupyeong-gu Gun to newly construct each of the above land.

Plaintiff

Land and the defendant's land were originally sloped, and the defendant's land is higher than the plaintiff's land.

D In order to make the Defendant’s land a flat that enables the construction of housing units, and to prevent the Plaintiff’s soil from fasting out from the Defendant’s land, strawings were stockpiled between the Plaintiff’s land and the Defendant’s land (hereinafter “instant stone axis”).

D on October 15, 2014, sold the Plaintiff’s land to F, and on November 24, 2014, reported the change of the owner of the housing to be constructed on the Plaintiff’s land to F.

On October 19, 2015, F sold the Plaintiff’s land to the Plaintiff and completed the registration of ownership transfer, and on December 7, 2015, F reported the change of the owner of the above land to the Plaintiff.

The Plaintiff newly built a house on the Plaintiff’s land, and obtained approval for use on July 26, 2016.

D built a house on the Defendant’s land, sold the Defendant’s land and its houses to the Defendant on September 5, 2016, and completed the registration of ownership transfer.

The instant stone shed is 10 square meters in part of the wall “2” (hereinafter “the instant bed part”) connected to each point of the Plaintiff’s land, which is located in the order of 5 through 12, 4, and 5, and the size of the said part is 10 square meters.

(Reasons for Recognition) Facts without dispute, entries or images of Gap evidence 1 through 5, the result of appraiser G’s appraisal, the purport of the whole pleadings.

Plaintiff’s assertion

Since the instant stone shed is the Defendant’s possession of the land, and thus, the Defendant should remove the part in which the Plaintiff’s land was invaded during the instant stone shed and deliver the land to the Plaintiff.

Judgment

The evidence and the whole pleadings as seen earlier prior to the owner of the instant stone festival are all held.