1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On May 26, 2001, the Plaintiff, along with C, who is his husband, purchased from D the E-Gu Seoul Special Metropolitan City E-type 114.7 square meters (hereinafter “instant land”) and its ground buildings, and completed the registration of ownership transfer on July 12, 2001.

B. At the time of September 17, 2009, the Plaintiff filed a lawsuit against G on the ground that G, the owner of the instant land, was occupying part of the instant land without permission (hereinafter “instant adjacent land”), which was KRW 98.5 square meters adjacent to the instant land, and filed a lawsuit against G on the ground that G, the owner of the instant land, had occupied part of the instant land without permission. Upon the Plaintiff’s application, the Plaintiff conducted a survey and appraisal on the instant land, and paid KRW 1,051,30 to the said court at the said court. On July 16, 2010, the said court ordered the Plaintiff to bear 50% of the litigation costs and the remainder of G.

(hereinafter referred to as “the primary lawsuit of this case”).

Then, on October 14, 201, the Plaintiff filed a lawsuit against G on October 14, 201 against G, seeking the removal of the building and the transfer of land and the return of unjust enrichment on the part occupied by G, among the instant land, as stipulated in Section 201Ga3237 of this Court. Upon the Plaintiff’s application in the instant lawsuit, the survey was conducted on the boundary restoration and cadastral status, and the Plaintiff paid KRW 2,018,50 as the survey appraisal cost, and KRW 54,00 as the verification travel expense, KRW 2,072,50,00 as the survey appraisal cost, and the Plaintiff was sentenced to a partial winning judgment in the said lawsuit.

(hereinafter “the second lawsuit”) D.

The Defendant purchased the instant adjoining land from G on April 4, 2013 and completed the registration of ownership transfer on June 4, 2013, and obtained a building permit from the head of Gwanak-gu Office on May 8, 2013 to newly build an urban-type residential house of five stories above ground level on the land adjacent to the instant and the three lots adjacent thereto, along with H and I, from the head of Gwanak-gu Office on May 8, 2013. The Defendant started the construction work around that time.