1. The plaintiff's claim is dismissed.

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

1. The Plaintiff is the owner of the instant land. The Defendant is the owner of the instant land, who is the owner of the Plaintiff’s land, and the Defendant is the owner of the Plaintiff’s land (hereinafter “Defendant”) located in Gwangju-si, Gwangju-si.

The retaining wall of this case is installed at the boundary point of the land of this case and the Defendant’s land (which is higher than the land of this case). At the bottom of the retaining wall, the lower part of the retaining wall connects each point of 10, 23, 24, and 25 of the attached appraisal map to the land of this case in sequence from the boundary line.

2. Assertion and determination

A. The Plaintiff asserts that “the Defendant installed the retaining wall of this case on the land of this case over the boundary of the land, and occupied the inner part of the land (attached Form 10, 11, 25, 24, 23, 10 square meters, which connects each point of 10, 11, 25, 24, 23, and 10 square meters,” the Defendant is obligated to remove the retaining wall of this case to the Plaintiff and deliver the above part of the land.

B. The retaining wall of the instant case seems to have been installed on the side of the Defendant’s land as well as the instant land.

In other words, in order to prevent the collapse of the Defendant’s land at a high place, the previous owners before the acquisition of the ownership of the original Defendant installed the retaining wall of this case on the boundary of the land, and some of them (the lower part) appears to be on the land of this case, and the remainder on the land of the Defendant.

In this case, the retaining wall of this case plays a role as the boundary of both land, such as the wall, and it seems that both land owners jointly bear the expenses, and the defendant unilaterally installed the boundary of the land of this case.

or the inside part of the land shall not be deemed to be possessed solely by the defendant.

Even if the retaining wall of this case exists on the land of this case, it is combined to the extent that it cannot be separated from the land of this case if it is damaged or excessive expenses are not paid.