1. The defendant shall be the plaintiff.

A. Of the land size of 108 square meters in Mapo-gu Seoul Metropolitan Government D, indication 1, 10, 15, 14, 3, 16, 25, 24, 23, 22.

1. Facts of recognition;

A. On March 30, 2018, the Plaintiff completed the registration of ownership transfer with respect to the share of 135/230, among the share of 108 square meters in Mapo-gu Seoul Metropolitan Government D (hereinafter “instant land”).

B. The Defendant, the owner of neighboring E, occupies this part of the instant land as a site for a building and structure with a 24.1 square meter on land located in the order among the instant land.

C. Co-owners of the instant land agreed to sell and purchase 24.1 square meters of the part caused by the occurrence of the instant land among the instant land, with the Plaintiff’s sole ownership.

The amount equivalent to the rent from March 31, 2018 to March 30, 2020 is KRW 13,357,000, and the amount equivalent to the monthly rent is KRW 558,500.

[Reasons for Recognition] Fact that there is no partial dispute, each entry of Gap evidence 1 to 8, the result of the survey and the result of the entrustment of appraisal of rent, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to remove the above part of the instant land that caused the damage to the Plaintiff, remove the above part of the building and structure, deliver this part of the land, pay 13,357,00 won, and pay 558,50 won per month from March 31, 2020 to the completion date of removal and delivery.

B. The defendant acquired part of the land of this case for speculative purpose, and most of the part that the defendant invadeds on the land of this case is extremely small, and if the part of the building that the defendant invadedd is executed as the outer wall part, it is anticipated that the defendant will bear strict expenses, and thus, it can be argued that this part of the claim constitutes an abuse of rights.

For the purpose of exercising the right to be an abuse of the right, the purpose of exercising the right is only to inflict pain and damage on the other party, and there is no benefit to the person who exercises the right, and the exercise of the right objectively.