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 the owner of the instant land, and the Defendant is the owner of the Gyeonggi-do Yangyang-gun D 234 square meters away from the instant land (hereinafter “Defendant-owned land”).

B. On the land owned by the Defendant, the building with the structure listed in the attached Table 1 owned by the Defendant (hereinafter “Defendant-owned building”) is constructed.

[Based on the recognition] The descriptions and images of Gap evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. As the gist of the assertion interferes with the Plaintiff’s ownership of the instant land by using the portion (A) size of 93 square meters connected to each point of the attached Form 2, 2, 3, 4, and 1 among the instant land owned by the Plaintiff without permission, the Defendant shall remove the instant building, deliver the instant land in the possession of the instant building to the Plaintiff, and pay the money equivalent to the monthly rent to the Plaintiff for unjust enrichment until transferring the instant land to the Plaintiff.

B. Therefore, it is insufficient to recognize that the building owned by the Defendant was occupied by the Plaintiff’s possession of the instant land by only the descriptions and images of the health team, Gap’s evidence Nos. 1 through 6, and there is no other evidence to acknowledge it. Rather, according to the result of the appraisal commission of appraiser E by this court, the building owned by the Defendant can be recognized as located in the land owned by the Defendant. Therefore, the Plaintiff’s above assertion is without

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.