1. The plaintiff's claim is dismissed.

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

Basic Facts

The cadastral map was prepared and registered in the form of plane surveying according to cadastral control point in the Japanese colonial era in F, F, 344, and D, 211, when the land location was specified in the course of land alteration E (hereinafter referred to as the “land location is omitted).

F The total 344 square meters was divided into 389 square meters prior to F on January 6, 1987 and 748 square meters prior to C, and each of the said partitioned lands was corrected on March 17, 1989 by land category as before its registration.

D The former 211 square meters was divided into D 57 square meters and G and H on November 1, 1983 and July 1, 1985, and the former 557 square meters was converted into D 557 square meters on December 20, 1986.

On July 3, 200, the Defendant, including the Plaintiff and the Defendant’s acquisition of ownership, completed the registration of ownership transfer with respect to the land owned by the Defendant on the ground of sale on July 3, 200, 557 square meters (hereinafter “Defendant’s land”). The Plaintiff completed the registration of ownership transfer based on sale on April 21, 200 with respect to the land owned by the Defendant, including the “Defendant’s land” and the “each land owned by the Defendant.”

The present status of each of the instant lands is connected to each of the instant lands, and there is a retaining wall and a stone embankment (hereinafter referred to as “the retaining wall, etc.”) installed at one point two to one point five meters away from the outer wall of the Defendant’s land owned by the Plaintiff.

From the upper end of the retaining wall of this case, trees are planted in a space with a width of up to 2-3 meters from the upper end of the land owned by the plaintiff.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including each number), fact-finding reply to the Director of the National Archives of this Court, witness I's testimony, appraiser J's statement, the plaintiff's argument in the whole purport of arguments is a straight line which connects each of the lands of this case to the 1, 2 of the attached drawing indicating the retaining wall of this case, etc. in sequence.