1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 21, 2007, the Plaintiff sold the instant land to the Defendant and completed the registration of transfer of ownership on November 21, 2007, while the Plaintiff owned the land of KRW 4,960 square meters of C forest land (hereinafter “the instant land 1”) and the land of KRW 1,617 square meters of land (Seoul E, but the land was divided into KRW 2,278 square meters before KRW E, but was divided into KRW 1,617 square meters before July 25, 2016; hereinafter “instant land 2”).

B. At the time of the Defendant’s purchase of the instant land No. 2, the above land was discussed.

On February 17, 2009, the Defendant agreed between the Plaintiff and the Defendant to bring the land owned by the Plaintiff as necessary for soil in return for the payment of KRW 1,00,000 to the Plaintiff. On February 17, 2009, the Defendant transported the soil owned by the Plaintiff to 15 tons of land near the Plaintiff’s house located near the 1 and 2 land using dump truck.

As a result, the height of the land No. 2 in this case was higher than the previous one.

C. The location and shape of the land Nos. 1 and 2 of this case are as shown in the attached drawing.

The height of land No. 2 in the instant case is lower than that of the instant land No. 1.

Of the instant land No. 1 located adjacent to the boundary of the land No. 2 and the land No. 1, the part (b) part (b) of 70 square meters in the ship (hereinafter “the instant part (b)”) (hereinafter “the instant part”) connected with each point of the items of the attached drawing No. 10 through 14, 30, 29, 28, and 10 among the instant land No. 1 located adjacent to the boundary of the instant land No. 2 is a field equal to that of the instant land No. 2, and the part (c) of the attached drawing No. 10, 31 through 35, 15, 14, 14, 30, 29, 28, and 10 is a slope, and a part (c) of 126 square meters in the ship (hereinafter “the instant part (c)”) connecting each point of the said part to the land No. 1. 2.

The defendant received a summary order of KRW 2,00,000 as of March 18, 2016 with respect to the violation of the Mountainous Districts Management Act (No. 2016 High Court Decision 201Da189).