1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is the owner of Gyeonggi-gu G (hereinafter “G”) C forest land of 745 square meters (hereinafter “instant land”).

B. The Defendant is the owner of each land adjacent to the instant land, D and E.

C. The Defendant, among the instant land, occupies 2, 3, and 4 each of the parts connecting steel pents, 8, 9, and 10 successively connected to each of the instant land by installing a wooden fence in order to each of the parts indicated in the separate sheet Nos. 2, 3, 4, 12, and 2 (hereinafter “bbbbbb” (hereinafter “instant part”), 8, 9, 10, 19, 19, 16, 15, 14, 13, and 8, connected with each of the parts listed in the separate sheet Nos. 29 square meters in the ship (hereinafter “c” of this case). Of the instant land, the Defendant, each of which each of the parts listed in the separate sheet Nos. 16, 17, 18, 19, and 16 connected with each of the parts in the annexed sheet No. 2, 3, 4, 12, and 29.

[Reasons for Recognition] The facts without dispute, Gap evidence 1, 2, Gap evidence 4 through 6 (including each number), the images, the result of the request for surveying and appraisal to the branch offices of the Korea Intellectual Property Corporation in the first instance court, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant, barring special circumstances, has the duty to remove the part concerning the "divities" of this case and the part concerning the "divities" and the "girs" of the "bb", and deliver each of the parts concerning the "b" of this case and the "cream" to the plaintiff.

B. As to the Defendant’s assertion, the Defendant asserted to the effect that it concluded an exchange contract with the owner of the instant land before the Plaintiff regarding the instant “bb”, “c”, and “divable” portion, and thus, there is no evidence to acknowledge it, and even if so, the said exchange contract by the Defendant’s assertion is concluded.