1. The Seoul High Court 2008Na71607, 2008Na 2008Na107888 Decided the counterclaim Defendant (Re-Counterclaim Defendant)

Any counterclaim and any counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Counterclaim Plaintiff (the Counterclaim Defendant; hereinafter “the Counterclaim Plaintiff”) owns a penture in the land of Incheon po-gun, Incheon (hereinafter referred to as “the name of the Myeon or higher administrative district is omitted in specifying the land”) and the penture on the ground. In order to enter the said land, the Plaintiff had no choice but to exercise overall control over the 456 square meters (hereinafter “instant land”) and the 408 square meters (hereinafter “instant land”) prior to e, used as a road from the past, and the 2nd 408 square meters (hereinafter “instant land”). In addition, each of the instant two lots of land was “each”).

B. The F, G, H, I, J, K, L, M, N,O, P, etc., adjacent to each of the instant lands, was owned by the counterclaim Defendant (hereinafter “Counterclaim Defendant”) and managed by the counterclaim Defendant as the owner of Q, R, who was the birth of the counterclaim Defendant (hereinafter “Counterclaim Defendant”), and the land adjacent to each of the instant lands (hereinafter “the instant land”). In order to indicate the boundary, the counterclaim Defendant installed a fence and a steel network fence between the land of the counterclaim Defendant and the instant land.

C. On March 2003, the counterclaim Defendant purchased SJ 276 square meters from the Counterclaim Plaintiff at KRW 130 million, and agreed to remove the existing fence installed between the land on the part of the Counterclaim Defendant and the instant land and install a new fence by withdrawing one meter from the location of the existing fence.

Pursuant to the above agreement, a counter-party defendant removed an existing wall pursuant to the above agreement and successively connects each point of the specifications No. 1, 14, 15, 16, and 17 among the land No. 1 of this case, with a height of 1.8m high from the straight line connected each other, 49.9m high, 0.7m high from the straight line, which connects each point of 18, 32, 19, and 20m in length to the straight line of the same map No. 18, 32, 19, and 20m high, 0.7m high from the straight line that connects each point of 20, and 10m high from the straight line of the same map No. 1 of this case. 3m high from the straight line.