1. The Daejeon District Court's 2016Kadan2980 rendered a major decision against the Plaintiff (Counterclaim Defendant) and removal of retaining walls.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “the Plaintiff”) is the owner of the Clue-gun 652 square meters (hereinafter “the instant land”) and the D Land Site 243 square meters (hereinafter “the instant land”). The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is the co-owner of the 4,514 square meters of the land for a factory in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

B. The land of this case Nos. 1 through 3 is adjacent to each other, and the land of this case Nos. 1 and 2 is higher than the land of this case No. 3.

C. In around 1999, the Plaintiff installed a concrete retaining wall (hereinafter “the retaining wall of this case”) around the boundary of each of the above lands in order to prevent soil erosion from the land Nos. 1 and 2 of this case, and some of them were located in the area of 64 square meters in the “bb” part of the instant land (hereinafter “b” in this case) connected in the order of 30 to 47, and 30 square meters among the land No. 3 of this case.

On September 14, 2017, the Defendant filed a lawsuit against the Plaintiff for removal of retaining walls and delivery of land, etc. under the Daejeon District Court 2016Gadan2980, Daejeon District Court 2016. On September 14, 2017, the said court rendered a judgment with the purport that “the Plaintiff shall remove the retaining wall installed in the part of the instant case 64 square meters to the Defendant, and deliver the part of the land, and pay the money calculated at the rate of KRW 51,390 and KRW 86,720 per annum from January 1, 2017 to the date the delivery is completed (hereinafter “instant judgment”), and the said judgment became final and conclusive as it is.

E. On September 28, 2018, the Defendant filed an application for substitute enforcement with the Daejeon District Court Seosan Branch F, based on the foregoing judgment, and the said court rendered a decision to authorize the execution officer affiliated with the Daejeon District Court Seosan Branch, which was delegated by the creditor, to remove the retaining wall installed on the part of 64 square meters of the instant case at the debtor’s expense.

(f).