1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the appeal shall be 1.

Basic Facts

The Plaintiff is the owner of the land owned by the Plaintiff in the Dong-gu, Busan Metropolitan City (hereinafter referred to as “land owned by the Plaintiff”) and the housing of 2nd roof of the ground brick slives of the ground (hereinafter referred to as “housing owned by the Plaintiff”).

The defendant is the owner of the 271m2 in Busan Dong-gu D (hereinafter referred to as "land owned by the defendant") and the above ground wooden fixtures and roof single-story housing (hereinafter referred to as "housing owned by the defendant").

Plaintiff

Land owned by the owner and the land owned by the defendant are in contact with each other, and the housing owned by the plaintiff and the housing owned by the defendant are also owned by the wall.

The Defendant removed the housing owned by the Defendant on December 2, 2018 through January 2019.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including numbers), the purport of the whole pleadings, and the purport of the plaintiff's argument was damaged to the plaintiff's house as the defendant removed the house owned by the plaintiff and owned by the defendant who owned the plaintiff's house and the wall. The defendant is liable to compensate the plaintiff for tort, which is equivalent to the construction cost necessary for restoring the house owned by the plaintiff to its original state, and the delayed damages.

According to the result of the appraisal conducted by the appraiser E of the first instance court and the court of the first instance, according to the fact-finding results and the purport of the whole arguments on the above appraiser of the first instance court and the first instance court, in the process of removing the housing owned by the defendant, the following facts are acknowledged: (i) the loss of the plaintiff's house, i.e., the removal of the building owned by the defendant, i., the removal of the building, i.e., the removal of the building, ii) the upper part of the outer wall (i. the removal of the building), iii) the upper part of the outer wall (i. the upper part), 1 (iv) the upper part (i) the upper part of the outer wall (i.e., the upper part), 1, 25, 723 (i) the total construction cost required for restoring the damaged building to the original part

In this regard, the defendant is 1) the remuneration method presented by the appraiser for the damage of the outer wall(s) for the restoration of the original state.