1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff is the owner of Gangnam-gu Seoul Metropolitan Government C large 340.5 square meters (hereinafter “instant land”), and the Defendant is the owner of D large 608.8 square meters (hereinafter “Defendant-owned land”) adjacent to the instant land.

Around March 18, 2009, the Defendant newly constructed a building on the land owned by the Defendant, and installed a fence with a height of approximately 1.2m, approximately 17.47m, approximately 0.25m in length, and approximately 0.25m in thickness of the wall (hereinafter “instant fence”).

[Ground of recognition] The Plaintiff and the Defendant agreed to remove the existing fence on which the Defendant was installed with the land of this case and install a new fence on the land owned by the Defendant, at the time of the Plaintiff’s assertion of the purport of the entire pleadings and the Plaintiff’s assertion of the purport of the purport of the entire pleadings.

However, the Defendant, by installing the instant fence at the location of the existing fence, occupied without permission the part 3.7845 square meters at the place of the instant wall, which was connected in order to each point of the attached Form 1, 2, 3, 4, 5, and 1 among the instant land. As such, the Defendant is obligated to remove the above part of the ground fence to the Plaintiff, deliver the above part of the land, and return unjust enrichment equivalent to the rent from March 18, 209.

At the time of the construction of a new building, the defendant's assertion that he had obtained the consent of the plaintiff and installed the wall of this case at the location of the previous building, and there was no agreement to install a new wall on the land owned by the defendant.

The wall of this case is located above the boundary line of both land, so it cannot be deemed that the wall of this case occupies the land of this case without permission.

Judgment

The written statement of No. 7-1 to 3 (the content-certified mail sent by the plaintiff to the defendant) has been concluded by an agreement between the plaintiff and the defendant to install the fence of this case only on the land owned by the defendant.