1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:

The defendant is against the plaintiff.

1. Basic facts

A. On March 30, 1993, the registration of ownership transfer was completed on March 30, 1993 with respect to the land of Eunpyeong-gu Seoul Metropolitan Government 122 square meters (hereinafter “instant land”). On November 5, 2002, the registration of ownership transfer was completed on October 5, 2002 under the Plaintiff’s name.

B. On June 20, 2017, the Plaintiff donated 32/100 shares of each of the instant land to E and F, the husband of the Plaintiff, and the Plaintiff’s son. On July 28, 2017, E and F completed the registration of ownership transfer for each of the instant land based on the said donation.

C. On August 2017, the Plaintiff started construction of a new building on the instant land with the size of 1st and 8th underground floors on the ground (hereinafter “instant building”) and subsequently completed the construction, but failed to undergo a completion inspection by the date of closing argument in the trial.

On the other hand, on June 23, 1984, the Defendant completed the registration of ownership transfer with respect to G large G-149 square meters (hereinafter “the adjoining land”), which is the neighboring land of this case, on the ground of the neighboring land of this case, around July 22, 1991, and newly constructed a building with the first basement and the fourth floor above the ground (hereinafter “the adjoining building of this case”). On August 9, 1991, the Defendant completed the registration of ownership transfer with respect to the adjoining building of this case under the name of the Defendant.

E. In the process of constructing the instant adjacent building, the previous fence installed on the boundary of the instant land and the instant adjacent land was damaged. Accordingly, the Defendant newly installed a fence (hereinafter “instant fence”) on the boundary of the instant land and the instant adjacent land. A part of the instant fence was located in one square meter in the part (b) part of the instant fence connected to each point of the instant land, which is indicated in the annexed drawing Nos. 3, 5, 6, 7, 8, 9, and 3, among the instant land.

[Ground of recognition] Unsatisfy, Gap evidence 5, 6, and Eul evidence 5 include each number.