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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Summary of the plaintiff's assertion
A. The Plaintiff is the owner of 476 square meters in Busan Northern-gu D road, and the Defendants are the owners of E large 284 square meters adjacent to the said land and 212 square meters prior to F. (hereinafter “the adjoining land”).
B. Of the land owned by the Plaintiff, a part of 135 square meters (hereinafter “the instant part”) is installed with a block fence and soil fence, which is an illegal boundary, and part of the land is used as electric power. The Defendants acquired ownership from G, etc., the former owner of the instant adjacent land, and obtained ownership from G, etc., who is the owner of the instant adjacent land, and occupied the instant part of the land without permission.
C. The Defendants should deliver the instant part of land to the Plaintiff by removing the block fences and soil fences installed in the instant part of the land, and installing new boundary materials suitable for the boundary of the land.
2. The Defendants installed a block fence, earth sand, and vegetation on the part of the instant land.
There is no evidence to prove that there is possession of the part of the instant land, and there is no circumstance to deem the block fence and earth fence as an accessory to the instant adjacent land. Since the Defendants acquired ownership of the instant adjacent land, it is difficult to view that the relocating owner bears the duty to remove the block fence or soil sand installed in the instant part of the land. Thus, the Plaintiff’s claim against the Defendants, premised on the possession of the part of the instant land, is without merit.
3. In conclusion, the plaintiff's claim against the defendants should be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.