1. 피고는 원고에게, 전남 신안군 C 대 446㎡ 중 별지 감정도 표시 ㅊ, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ¹, ㄴ¹,...

1. Facts of recognition;

A. On January 24, 2011, the Plaintiff completed the registration of transfer of ownership on the ground of sale on January 13, 2011, with respect to C & 446 square meters (hereinafter “instant land”).

B. On September 15, 2015, the Defendant completed the registration of transfer of ownership on the ground of donation on September 9, 2015, with respect to the land owned by the Defendant (hereinafter “Defendant-owned land”) of 1574 square meters prior to Da, New-gun, Chungcheongnam-gun, Seoul (hereinafter “Defendant-owned land

다. 피고가 E으로부터 피고 소유 토지를 증여받기 전인 2015년 5월경 E은 그 토지에 담장(옹벽)(이하 ‘이 사건 옹벽’이라 한다)을 설치하였는데, 위 옹벽 중 일부가 이 사건 토지 중 별지 감정도 표시 ㅊ, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ¹, ㄴ¹, ㄷ¹, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ의 각 점을 차례로 연결한 선내 (나) 부분 56㎡(이하 ‘이 사건 침범 토지’라 한다)를 침범하고 있다.

【Unfounded-founded-based dispute, Gap evidence 1 through 3, Eul evidence 1 through 3 (including additional numbers), the result of the survey and appraisal conducted by appraiser F, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to remove part of the retaining wall of this case, which is the land owner of this case, and deliver the land of this case to the plaintiff, who is the owner of this case.

B. As to this, the defendant asserts to the purport that the removal and delivery of the retaining wall installed by E, his father, is improper.

However, since the Defendant received a donation of the land owned by the Defendant from E and occupied the entire retaining wall of this case and also occupied the part of the land affected by this case, the Defendant, the current owner of the land owned by the Defendant, is obligated to remove and deliver retaining walls of the part of the land affected by this case.

Therefore, the defendant's above assertion is without merit.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.