1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 2, 3, 7, 8, 9, 10, and 2.

1. Basic facts

A. Since March 27, 2015, the land indicated in the separate sheet (hereinafter “instant land”) has been registered as the Plaintiff’s ownership.

B. The instant land is abutting on the boundary between Yeonsu-gu Incheon Metropolitan Government C large 624.9 square meters (hereinafter “Adjoining land”), and is owned by the Defendant since October 15, 2009 with respect to the above adjoining land and the two foot buildings on its ground.

다. 원고가 이 사건 토지의 소유권을 취득하기 전부터, 위 토지와 인접토지의 경계 부분에는 별지 도면 표시 ㈁, ㈃과 같이 시멘트 담장(이하 ‘이 사건 담장’이라 한다)이 축조되어 있었다.

위 담장은 양 토지의 정확한 경계선 위에 설치된 것이 아니라 이 사건 토지 쪽으로 치우쳐 있어, 위 토지 11㎡{위 ㈁, ㈃ 부분 총 면적}를 침범한 상태이다.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 and 5 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is that the wall of this case was installed by the former owner of the adjacent land, and the ownership of the land of this case was hindered due to the aforementioned wall.

Therefore, the Defendant, the owner of the adjoining land, is obligated to remove the said fence and deliver the part of the land to the Plaintiff.

B. If the defendant alleged that he/she infringed on the land owned by the plaintiff, he/she is willing to deliver the part.

However, since the fence of this case was not installed by the defendant but already attached to the land of this case, the plaintiff, the owner of the above land, should be deemed to own the fence of this case.

Therefore, it is unreasonable to seek removal of the wall of this case against the defendant.

3. In full view of the overall purport of the pleadings, the land of this case before the Defendant acquired ownership of adjacent land, which was the site prior to the acquisition of ownership of the land.