1. The Defendant indicated on the attached sheet No. 1, 2, 3, 4, 5, 6, 7, 13, 9, 10, 12, among the attached sheet No. 465 square meters of land C in Chungcheongnam-gun, Gyeongnam-gun, Chungcheongnam-do.

1. Facts of recognition;

A. On July 19, 2012, the Plaintiff completed the registration of ownership transfer with respect to C & 465 square meters (hereinafter “instant land”).

B. On August 8, 1981, the Defendant completed the registration of ownership transfer with respect to D & 344 square meters adjacent to the instant land (hereinafter “Defendant’s land”) and completed the registration of ownership transfer by constructing a building on the Defendant’s land (hereinafter “instant building”) on October 25, 200.

C. The part of paragraph (1) of this case is part of the building of this case where the Defendant installed a fence in the part that connects the Defendant’s movable property to the part that was owned by the Defendant and used as a marina, and the part that was part of (b), (c), and (d) of paragraph (1) of this case is part that was part of the building of this case, and the part that was part of (b), (c), and (d) of paragraph (1) of this case is part that was part of the building of this case.

[Reasons for Recognition] Unsatisfy Facts, Gap's 1, 3, 7, 8, 9, 11, 14 through 16, Eul's evidence (including provisional lot numbers) and images, the result of the appraisal commission to the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination as to the cause of the claim, the Defendant is obligated to deliver the above part to the Plaintiff, the owner of the instant land, by removing or removing the movable property, fence, and building on the ground as set forth in Paragraph (1) Item (b), (c), and (d), which are the part that infringed on the said land, unless there are special circumstances.

B. The defendant's defense of abuse of rights is defense that the plaintiff's claim constitutes abuse of rights.

In order for the exercise of the right to be an abuse of the right, the objective of the exercise of the right is to give pain to the other party and to inflict damages on the other party, and there should be no benefit to the person who exercises the right, and the exercise of the right should be objectively considered to be in violation of social order, and such cases should be applied.