1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 21, 2013, the Plaintiff purchased from the Defendant the land of Geumcheon-gu Seoul Metropolitan Government for KRW 3.55 billion and completed the registration of ownership transfer on June 10, 2013, the Plaintiff purchased from the Defendant the instant land of KRW 711.1 square meters and the 4th floor reinforced concrete building and office building (hereinafter “instant land and building”).

B. On September 2014, the Plaintiff acquired ownership, and then filed a lawsuit seeking the removal of the fence, delivery of the land, and return of unjust enrichment equivalent to the rent for the land occupied, on the ground that the fence installed between the land adjacent to the instant land and the neighboring land was installed against the neighboring land, Geumcheon-gu, Seoul (hereinafter “E”), the owner of the land adjacent to the instant land, Geumcheon-gu, Seoul (hereinafter “E”) (hereinafter “E”) filed a lawsuit seeking the return of unjust enrichment equivalent to the rent for the land adjacent to the instant land. The court affirmed that the fence installed the fence in the instant case by impairing the area of 15 square meters of the adjacent land, and ordered E to remove the fence in the line, which connects each point of the (B) part of the attached drawing No. 1, 2, 3, and 15 square meters of the adjacent land, and return it to E in accordance with the ratio of 74, 166 through 700,000 won.

(Seoul Southern District Court Decision 2014Da231099 Decided August 18, 2016, etc. (Seoul Southern District Court Decision 2014Da231099 Decided August 18, 2016). Some appeals and appeals have been filed against this Decision, but the issues relating to the removal, delivery and return of unjust enrichment have been finalized without appeal). [The basis for recognition] Facts without dispute, each entry in Gap evidence 1 through 6 (including a provisional number), and substantial facts in this Court

2. The plaintiff's assertion

A. Land with a size of 15 square meters in the attached Form No. 1 (b) that the Plaintiff delivered to E is included in the subject matter of the instant trade.

The defendant, the seller of the contract of this case, was unable to acquire and transfer the above land to the plaintiff, so the defendant shall compensate the plaintiff for the damages with the seller's warranty liability pursuant to Article 572 (3) of the Civil Act.