1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On January 27, 2011, the Plaintiff acquired ownership of 2083m20,000 square meters of D forest land in Yeonsu-gu Incheon (hereinafter “instant forest”).

B. On September 24, 1980, E (the representative of the Defendant) acquired the ownership of 5533 square meters in the F Religious Site in Yeonsu-gu Incheon Metropolitan City (hereinafter “instant religious site”) abutting on the instant forest and boundary, and around 1993, he installed a retaining wall near the boundary line with the instant forest and owned the retaining wall’s site and its inside land.

When acquiring the ownership of the instant religious site from E on January 26, 2010, the Defendant succeeded to the possession of the said retaining wall site and its inner part of the land, and has possessed it until now.

C. At present, part of the retaining wall installed in around 1993 by E is located on the part of “A” connected with each point of the separate sheet Nos. 7, 2, 3, 9, 8, and 7 among the instant forest land beyond the boundary line of the instant religious land, and is located on the part of “A” (hereinafter “part A”) in sequence 35 square meters.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 1 (including branch numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, since part of the retaining wall currently owned by the defendant is installed on the land of this case owned by the plaintiff beyond the boundary line, the defendant is obligated to remove the retaining wall installed on the land of this case’s “A” and deliver the above land to the plaintiff, barring special circumstances.

B. The defendant's defense 1 is a defense to the effect that "the defendant's acquisition by prescription against the land of this case owned by the plaintiff was completed. Even if not, the plaintiff's claim constitutes an abuse of rights."

First of all, according to the above facts, E, at least the last end of December 1993, at least the retaining wall installed, on December 31, 1993.