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1. The plaintiff's claim is dismissed.
2. One-half of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.
Reasons
1. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion is the owner of 149 square meters in Cheongju-si, Jeonju-si, C, and the Defendant occupied the Plaintiff’s land near the Plaintiff’s land without any title, and installed a fence connected to the Plaintiff’s land 3,5 in sequence with each point of 1,2,3,4,5,6,7, and 1, in the order of priority among the Plaintiff’s land (hereinafter “instant fence”), and occupied the land (a) located in the ship (hereinafter “instant part”) connected with each point of 3,4,5, and 3 points of 3,4,5, and 3, indicated in the same drawing.
Therefore, the defendant is obligated to remove the above fence and deliver the part of the land of this case to the plaintiff.
B. According to the reasoning of the court below's judgment, it is acknowledged that the Defendant removed part of the wall of this case, which was partially connected to the Plaintiff's land after the survey appraisal of this case, and delivered part of the relevant land to the Plaintiff after the Defendant's removal of part of the wall of this case after the survey appraisal of this case, according to the following purport: (a) it is acknowledged that the wall of this case installed by the Defendant was partially infringed upon the Plaintiff's land; and (b) according to the records and images of evidence Nos. 10, 11, and 12 (including the seat number) and the whole pleadings, it is acknowledged that the Defendant removed part of the wall of this case, which was partially infringed upon the Plaintiff's land after the
Therefore, it is difficult to accept the Plaintiff’s claim based on the premise that the Defendant violated the Plaintiff’s land and installed the fence, and possessed the part of the instant land until the date of closing the argument of the instant case.
2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.