1. The instant lawsuit shall be dismissed.

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

1.The judgment of the first instance is as follows:

1. Basic facts

A. On November 8, 2002, the Defendant filed a lawsuit against the Plaintiff on the claim for land transfer, etc. The Plaintiff filed a counterclaim against the Defendant on September 18, 2003, when the said lawsuit was pending, including damages and unjust enrichment.

[This Court 2002Gadan21488, 2003Gadan20215 (Counterclaim)]

In the above judgment of the first instance, the defendant's main claim and the plaintiff's counterclaim were sentenced to a judgment accepting each part of the counterclaim, and the plaintiff filed an appeal against the above judgment.

[Attachmentcheon District Court 2004Na4089 (Mains), 2004Na4096 (Counterclaim)]

In revising the judgment of the first instance on January 13, 2006, the appellate court rendered a judgment to the effect that the defendant's main claim and the plaintiff's counterclaim are partly cited (the main part is as follows). Among them, the part of the judgment on the installation of a wall under Article 237 (1) of the Civil Act among the plaintiff's counterclaim claims, is one of the following parts.

For the purposes of this subsection:

(hereinafter referred to as “instant prior suit judgment”). The text

1.The judgment of the first instance shall be modified as follows:

(Omission)

나. 원고는 피고에게 부천시 원미구 C 대 141.4㎡ 및 D 대 214.7㎡ 양 지상에 설치된 길이 5.6m, 높이 1.6m, 폭 0.4m의 콘크리트 옹벽(별지 제2도면 표시 ㉮，C, E, D, ㉮의 각 점을 순차로 연결한 선내 부분 2.24㎡)과 위 옹벽 위에 설치되어 있는 높이 1.5m, 두께 0.2m, 길이 5.6m 세면블럭담장(같은 도면 표시 ㉮, A, B, C, ㉮의 각 점을 순차로 연결한 선내 부분 1.12㎡)을 철거하고, 같은 도면 표시 ㉮, ㉯, E, D, ㉮의 각 점을 순차로 연결한 선내 부분 1.848㎡를 인도하라.

C. The defendant is against the plaintiff

B. Subsequent to removal of fences and delivery of the site as stated in the port of paragraph, the Plaintiff and 1/2 share the cost.

The height of 1.2m, width of 30cm, concrete retaining wall and its upper part of 5.6m in length, on the boundary line between the two lands indicated in the paragraph (attached Form 2) (the line connecting sub-section 2) between the two Koreas.