1. The defendant's appeal is dismissed.

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

3.Paragraphs 1 and 2 of the judgment of the first instance.

1. Basic facts

A. On October 14, 2016, the Plaintiff purchased 1265 square meters (hereinafter “Plaintiff’s land”) in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu (Seoul) and completed the registration of ownership transfer on December 7, 2016.

B. The Defendant owned a building on the D’s ground adjacent to the Plaintiff’s land and owned a wall on the part connected with each point of 20,23,24,25 of the Plaintiff’s land in sequence with each point of 20,21, 22, 25, 24, 23, and 20 of the attached land, in order to each point of 20, 21, 22, 22, 25, 24, 23, and 20 of the above drawings. The Defendant is located on the ground part of 36 square meters (hereinafter “bb land”) of the part on the part of the Plaintiff’s land connected each point of 14,15, 16, 17, 18, and 14 of the above drawings among the Plaintiff’s land.

C. In addition, the Defendant has installed and occupied and used a warehouse on a ship (d) part 8 square meters (d) and 8 square meters (d) connected with each point of the attached Table 5, 6, 10, 9, 11, 12, and 5 among the Plaintiff’s land in sequence.

(2)The rent from December 7, 2016 with respect to each land referred to in (c), (d) and (d) shall be as follows:

Period from December 7, 2016 to December 6, 2017, December 7, 2017, to December 7, 2017, December 7, 2017, December 7, 2018, KRW 135,900 in land (b) 13,125 in December 13, 200 in 14,60 in land (c) 74,60 in 82,00 in 73,80 in 37,200 in land (d) 37,200 in total, KRW 244,30 in 266 in total, KRW 268,60 in 260 in 268,60 in 23,595 won in December 6, 200.

E. On November 17, 2019, the Defendant removed the above (b) land and the above (d) land from the fence, warehouse, etc. on the land (d) and delivered the said land to the Plaintiff.

[Ground of recognition] Fact that there is no dispute, entry of Gap evidence 1, result of commission of measurement and appraisal to the Korea Land Information Corporation's branch offices in the first instance court, result of commission of appraisal of rent to appraiser E by the court of first instance, purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant interferes with the plaintiff's ownership by impairing the land (c) by the date of the conclusion of pleadings at the trial. Thus, barring any special circumstance, the terminal line of the above ground building shall be installed.