1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The defendant's grounds for appeal citing the judgment of the court of first instance are the same purport as the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if the evidence additionally submitted in the court of first instance was

In order for a movable to be recognized as being consistent with a real estate under Article 256 of the Civil Act, it shall be determined by comprehensively taking into account whether the movable is attached and combined to the extent that it cannot be separated without causing damage to the movable or excessive expenses, and whether it can be the object of a separate ownership in the transaction with an independent economic utility from the existing real estate in its physical structure, use and function (see, e.g., Supreme Court Decision 2003Da14959, 14966, May 16, 2003). In this case, considering the value of the land owned by the plaintiff in this case, damage caused by the infringement of land ownership, and the plaintiff's interest to be obtained from the removal of the wall in this case, it shall not be deemed that excessive expenses are incurred in the removal of the wall in this case, and it shall not be deemed that the wall in this case complies with

Meanwhile, Article 239 of the Civil Act provides, “The boundary marks, fences, ditches, etc. installed on the boundary shall be presumed to be co-owned by adjoining neighbors. However, this shall not apply where boundary marks, fences, ditches, etc. are constructed at the expense of one of the adjoining neighbors, or the fence is part of a building.” However, the fence of this case is constructed at the expense of the former owner of the adjoining land, which is owned by the Defendant, and thus, it is deemed to be solely owned, and currently, the ownership of the fence belongs to the Defendant, the ownership of adjoining

In the event that ownership is or is likely to be disturbed, the right to claim the removal of disturbance based on the ownership under Article 214 of the Civil Act recognized for the removal and prevention of such disturbance shall be exercised to the other party with regard to the person in the position of controlling the situation of such disturbance.