1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

1. Facts of recognition;

A. The Plaintiff is the Plaintiff’s ownership of a scale of 126 square meters in Sacheon-si, and the E large scale of 119 square meters adjacent thereto is owned by the Defendant.

On April 25, 1995, the plaintiff filed a lawsuit against the defendant against the defendant for removal of the building and delivery of the part of the sunken land (the part of the ship connected each point of 2, 3, 4, 5, 6, 7, 21, 23, and 2 in the attached Form No. 2, 3, 4, 6, 21, 21, 23 and 2) on the ground that the defendant's housing infringed part of the plaintiff's above land (this Court Order 93No. 9879) and received a favorable judgment, and

In September 195, the defendant removed the existing house in accordance with the above judgment and newly built the new house in accordance with the drawing surveyed by Jinju Viewing around December 4, 1995.

B. Around 2000, the Plaintiff filed a lawsuit seeking removal and delivery of land in this court by asserting that the fence, etc. was invaded by the Plaintiff’s land owned by the Plaintiff (200No. 863, and the Plaintiff’s part seeking delivery of land appears to be the (2000No. 863), and this court rendered a ruling dismissing the Plaintiff’s claim on August 17, 200, and the Plaintiff filed an appeal against the said judgment and filed an appeal against the retrial and retrial, but all of which were not accepted.

(C) Changwon District Court 200Na8384, Supreme Court 2001Da30391, Changwon District Court 2005Na31, Supreme Court 2005Da42231, Changwon District Court 2007Na897 and Supreme Court 2008Da54799).

From 2005 to 2009, the Plaintiff filed a lawsuit with this court seeking removal of walls and delivery of land (No. 2005da14235, 2008Gadan7082, 2009Gadan4868) by asserting that the Defendant’s new building and fence, etc. were invaded on the land owned by the Plaintiff in three times (No. 2005Gada14235, 2008Gadan7082, 2009Gadan4868). The instant court is part of the subject matter of the lawsuit between the Plaintiff and the Defendant.