1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an owner of C large 17 square meters and D large 36 square meters (hereinafter “Plaintiff-owned site”) indicated in the purport of the claim.

B. The Defendant owned a building on the ground (hereinafter “the instant building”) as the owner of the building site located on the land in Nam-gu, Busan (hereinafter “Defendant-owned site”) located adjacent to the Plaintiff’s land.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. The Plaintiff’s assertion is that the boundary of the land owned by the Plaintiff is invaded by 33 square meters, such as the Plaintiff’s claim.

Therefore, the defendant is obligated to remove the building on the part of the bedroomd part and deliver the land attached to the plaintiff, and to pay unjust enrichment equivalent to the use fee from the time the defendant owned the building until the removal of the building.

3. Determination

A. According to the result of the commission of surveying and appraisal on the Korea Land Information Corporation in this Court, as shown in the attached appraisal sheet, it is recognized that the instant building does not infringe on the Plaintiff’s land ownership, but rather, the Plaintiff is occupying one kilometer out of the land owned by the Defendant. Therefore, the Plaintiff’s assertion premised on the fact that the instant building infringes on the Defendant’s land ownership cannot be accepted.

B. As to this, according to the result of the survey conducted by the Busan Southern-gu Office, the Plaintiff’s land owned by the Plaintiff is confirmed to have increased the size of 2.6 square meters and 5.3 square meters for the Defendant’s land, unlike the area indicated in the real estate registration book. The Plaintiff asserts that the Defendant’s land owned by the Plaintiff was in violation of the Plaintiff’s land owned by the Defendant, which is the instant building owned by the Defendant.

According to the results of fact-finding on the Busan Nam-gu Office of this Court, C's land owned by the plaintiff is increased to 2.6m2 on the register, as a result of the cadastral resurvey conducted in the Busan Nam-gu Office.