1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal are due to the defendant's incidental appeal.

1. Facts of recognition;

A. On December 5, 2002, the Plaintiff completed the registration of ownership transfer in the future of the Plaintiff on the grounds of sale with respect to forest land B, Jung-gu, Seoul (hereinafter “instant land”).

B. From March 2009, the Defendant started the construction of this case around May 25, 2009, in order to remove a retaining wall of 1.3m to a height of 1.3m to 3m and 47m in length, which was installed on the land from Seoul Jung-gu to D, and to create a safe pedestrian environment by completely adjusting the slope of the sidewalk.

C. There was no structure on the instant land before the execution of the instant construction. Of the instant land, the part (A) connecting each point in the table Nos. 1, 2, 7, 6, 5, 4, and 1 of the Appendix Nos. 1, 2, 7, 6, 4, and 1 of the instant land was used as a passage of neighboring residents connecting neighboring roads and neighboring residential areas (hereinafter “instant site”). In addition to the said passage, there was a separate passage along which connects neighboring residential areas to neighboring residential areas.

After the execution of the instant construction, the remainder of the instant land, excluding the instant road site, was cut and came to be the same height as the neighboring road, and the instant road site was located at a higher than 1.3m to the other cut part than the cut part. The instant road site and the remainder part of the instant land were installed a rail for the prevention of fall due to the above height difference between the instant road site and the instant land, and the sidewalk block was installed on the road surface on the road surface, and the entry stairs was installed on the connect part between the instant road site and the adjacent road.

E. From November 2009 to March 201, 2010, the Defendant conducted a retaining wall and art spatialization project, and installed a sculpture at the above E apartment retaining wall.

【Based on Recognition, Gap evidence 1 to 4, Eul evidence 7-1 to 7, Eul evidence 1, Eul evidence 2-1, 2, Eul evidence 3, 5 through 7, respectively.