1. The plaintiff (appointed)'s claim is dismissed.

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

Basic Facts

A. On May 1, 2015, the Plaintiff and Selected D purchased the said land from E and E, a co-owner of the land of which is 775 square meters (hereinafter “Plaintiff’s land”) prior to the Gyeonggi-gun, Gyeonggi-do, and on June 5, 2015, and completed a share transfer registration (one-half shares, respectively, for the Plaintiff and the Selection) based on each of the said transactions on June 5, 2015.

B. On May 3, 2016, the Defendant completed the registration of ownership transfer on the ground of sale due to voluntary auction with respect to the G road of Gyeonggi-gu, Gyeonggi-do (hereinafter “instant road”).

C. On the Plaintiff’s land, the lower part of the attached table Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1, connected each point of which is indicated in the attached table No. 1, 2, 3, 5, 6, 7, 8, 9, and 1 (hereinafter “the instant retaining wall”).

The retaining wall of this case is installed by H, around 2010, who owned the Plaintiff’s land.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 2, 3, and 4, witness I, and H testimony respectively, and the result of the court’s request for measurement and appraisal on the balanced branch of the Korea Land Information Corporation, the plaintiff defendant, claiming the purport of the entire pleadings, has installed and owned the retaining wall of this case.

Even if the person who installed the retaining wall of this case is not the person who installed the retaining wall of this case, the defendant is the present owner of this case.

Since the retaining wall of this case consists of all the roads of this case, which are used as a public road, and its parts are formed, it shall be deemed that the defendant owns the retaining wall of this case.

The defendant is obligated to remove the retaining wall of this case existing on the plaintiff's land.

Defendant merely acquired the instant road by winning a successful bid at a voluntary auction on May 3, 2016, and there is no way to install the retaining wall of this case and there is no fact to purchase or own it.

According to the Defendant’s confirmation with the neighboring residents, the retaining wall of this case is installed by the Nonparty H while engaging in development activities on the neighboring area of the Plaintiff’s land.

The defendant is a retaining wall of this case.