1. The defendant marks 10, 11, 12, 9, and 10 of the annexed drawings among the lands listed in paragraph (1) of the attached list to the plaintiff.

1. Determination as to the cause of claim

A. 1) The Plaintiff’s land indicated in attached Table No. 1 (hereinafter “instant land”).

A) The Defendant is the owner of the instant land, and the Defendant is the land indicated in Paragraph 2 of the attached Table abutting on the instant land and the building listed in Paragraph 3 of the attached Table (hereinafter “instant building”).

2) However, part of the instant building is located on the ground of 10 square meters in part (B) and 10 square meters (hereinafter “the instant part”) connected in order to each point of the attached Form 10, 11, 12, 9, and 10 among the instant land.

(A) Of the instant building, only the portion existing on the ground of the instant part among the instant buildings refers to “the instant part of the building,” / [based on recognition] No. 1-1-2, No. 2-1-2, and the result of the Korea Land Information Corporation’s response to the request for appraisal by the instant court, the purport of the entire pleadings as a whole.

B. According to the above facts of recognition, the defendant owned the building of this case constructed over the boundary of the land of this case, thereby hindering the plaintiff's exercise of ownership on the land of this case. Thus, the defendant is obligated to remove the building of this case and deliver the part on the land of this case to the plaintiff, barring special circumstances.

2. Judgment on the defendant's assertion

A. At the time of the construction of the instant building, the Defendant’s assertion that the Plaintiff had consented to the use of the instant building is that C newly built in 2005 and original acquisition of ownership was made.

C At the time of the construction of the instant building at the time of the construction of the instant building, the land indicated in paragraph (2) of the attached Table No. 2, which is the site for the instant building, was the land located at the time of the construction of the instant building, 266m2 and 42m2. Since then, the land was combined into one parcel on April 5, 2018, and the land category was changed on April 6, 2018, which is the following day. D and the Plaintiff shared 1/2 shares, respectively.

Accordingly, D and the Plaintiff shall construct the instant building to C at the time of construction by C.