가. 제주시 D 전 859㎡ 중 별지 도면 표시 ㅈ, ㅊ, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ1, ㅇ,...

A. In the case of Jeju Island prior to the subdivision, F was a share of 1,211/1,244 square meters (hereinafter “land prior to subdivision”), F was a share of 1,211/1,244, and the Defendant was registered as a share of 33/1,244 shares.

B. The Defendant acquired the Defendant’s shares by specifying as the passage for entry into the land of G orchard 5,11 square meters (the Defendant’s penalty, and H and I completed the registration of ownership transfer due to the inheritance by consultation and division as of April 1, 2003) and J orchard 1702 square meters (the Defendant’s penalty, completed the registration of ownership transfer in its name on August 26, 2003) in Jeju-si, which is attached to the same side of the land before subdivision, as the passage for entry into the land of J orchard 1702 square meters (the Defendant’s penalty, completed the registration of ownership transfer in its name on August 26, 2003).

C. On February 3, 2005, the Plaintiffs entered into a contract with F to purchase all F’s shares in F’s 1,211/1,244 shares of land before subdivision, and on February 4, 2005, Plaintiff A completed the registration of ownership transfer under each of the Plaintiffs with respect to the shares 606/1,244 shares, and Plaintiff B completed the registration of ownership transfer under each of the Plaintiffs’ names with respect to the shares 605/1,244 shares.

On February 15, 2011, the land prior to subdivision was divided into the area of 859 square meters and the area of 385 square meters prior to E in Jeju-si.

E. The Defendant’s portion of a passage corresponding to 33 square meters in the share of the land before subdivision constitutes 10 square meters in the attached Form 859 square meters, among the 859 square meters in Jeju-si, Jeju-si, the portion of “B” connected in the order of each point of 1, 1, 21, 7, 8, and 23 square meters in the ship, Jeju-si, E, in the order of 385 square meters in the attached Form No. 5, 5, 6, 7, 8, and 5.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 (including each number), the result of appraisal, the purport of the whole pleadings

2. Determination

가. 청구원인에 관한 판단 위 인정사실에 의하면, 원고들과 피고는, 제주시 D 전 859㎡ 중 별지 도면 표시 ㅈ, ㅊ, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ1, ㅇ, ㅈ의 각 점을 차례로 연결한 선내 ‘가’ 부분 836㎡, 제주시 E 전 385㎡ 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ,...