1. The Defendant paid KRW 5,489,00 to the Plaintiff KRW 5% per annum from November 4, 2015 to September 1, 2016.

1. Basic facts are owned by the Plaintiff as the owner of the Seo-gu Busan Metropolitan Government 125 square meters (hereinafter “Plaintiff’s land”) and owned the building on the ground (hereinafter “Plaintiff’s building”). The Defendant, from November 26, 2012 to the owner of the 259 square meters in Seo-gu, Busan Metropolitan City (hereinafter “Defendant’s land”), which is adjacent to the Plaintiff’s land, built an officetel building on the 2nd and 14th above ground (hereinafter “Defendant’s building”) and obtained approval from the competent authority on March 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, 9, Eul evidence 1 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff’s assertion is that the Defendant, while constructing the Defendant’s building, arbitrarily removed a wall with a height of 2 meters and 11.04 meters, which was installed on the boundary between the Plaintiff and the Defendant, in a part of the Plaintiff’s land located on the boundary part, enclosed with cement concrete. As such, in the process of constructing the Defendant’s building, the Defendant sought payment of KRW 5,725,00 and damages for delay as the cost of restoring the building to its original state.

B. First, in light of the claim on the wall, the Defendant removed the Defendant’s wall that existed on the Defendant’s land and the Plaintiff’s wall that existed on the Plaintiff’s land by contact with the Defendant’s wall that existed on November 26, 2012, and the cost of restoration 2,476,00 can be acknowledged, and thus, the Defendant is obligated to pay the Plaintiff the aforementioned cost of restoration to its original state. 2) As to the part on which the Plaintiff’s wall was sealed with cement concrete cover over the Plaintiff’s land, the Defendant submitted to the Plaintiff.