1. The judgment of the first instance, including the Plaintiff’s claim for addition and modification in this court, is as follows.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff is the Plaintiff’s land of 1,021 square meters in the warehouse site in Gangnam-si D (hereinafter “Plaintiff’s land”).

(2) The Defendant is the owner of Gangnam-si E-si 2,52 square meters (hereinafter “Defendant’s land”). The Defendant is the owner of Gangnam-si E-si 2,52 square meters (hereinafter “Defendant’s land”).

3) The Plaintiff’s land and the Defendant’s land adjoining each other, the area of the Defendant’s land is higher than that of the Defendant’s land, and the Plaintiff’s land is located at the lower end than that of the Defendant’s land. B. Around November 2013, the Defendant surveyed the boundary between the Plaintiff’s land and the Defendant’s land, and conducted a boundary marking method on the boundary of the land. At the time, there was a embankment on the boundary between the Plaintiff’s land and the Defendant’s land, and there was an existing retaining wall at a height of 90cc to a height of 90cc to a size of 1m, and there was a ditch towards the Defendant’s land. C. Around April 2014, the Defendant improved the parts extracted from the Defendant’s land with soil, and as it seems contrary to the Defendant’s land (hereinafter “Defendant’s land rearrangement work”).

(D) Around June 2014, the Plaintiff removed the existing retaining wall located on the boundary of the Plaintiff and the Defendant’s land, and newly installed the retaining wall and the embankment of the reinforced earth block (hereinafter “instant retaining wall”).

2) 원고가 이 사건 옹벽 시공을 위하여 지출한 공사비용은 6,500,000원이다. 마. 1) 현재 이 사건 옹벽은 원고 토지와 피고 토지의 경계대로 시공되어 있지 아니하고, 피고 토지 중 별지 도면 표시 ㅍ, 17, ㄴ, ㄷ, ㄹ, 18, ㅎ, ㅁ, 20, ㅂ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ의 각 점을 순차로 연결한 선내 (나) 부분 24㎡ 지상에 시공되어 있어 피고 토지 중 일부분을 침범하고 있다.

2) Accordingly, the Plaintiff, among the Defendant’s land, connects each point of (a) part (b) of the above ship, 24 square meters, indication of drawings in the attached Form 3, (c), (d) 4, and (c) in sequence, to the ship (c) with each point of (d) size 1 square meters, attached drawings 5, 19, 20, and 5.