A. On June 19, 1985, the plaintiffs acquired 2,707 square meters prior to Simcheon-si E (hereinafter "the land in this case") on the ground of inheritance by consultation or division. The plaintiffs' shares in the above land are 1/2, respectively.

B. The Defendants installed and used a vinyl 35 square meters in a ship which connects each point of the attached Table 44, 45, 46, 47, and 44 on the instant land in sequence.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to remove 35 square meters in a plastic house on the ship, which connects each point of the attached Table Nos. 44, 45, 46, 47, and 44 on the land of this case to the Plaintiff in sequence.

3. Determination as to the defendants' defense

A. The Defendants’ defense was put to Defendant D, and the net F, the husband of Defendant C, was donated from his father G around 1964 the amount of 2,777m2,00 from his husband, and was living on his house.

The land of this case is immediately adjacent to the above land. Since the deceased F is also deemed to have been donated to the land of this case, the defendants, the heir of the deceased F, are entitled to lawfully occupy the land of this case. Even if the fact of donation is not recognized, the defendants have occupied the land of this case since it had been about 50 years prior to the above 50 years ago, so the acquisition by prescription for possession of the above part of the vinyl shall be deemed to have been completed, and the defendants are entitled to lawfully occupy the land of this case.

B. First of all, even if it is based on the statement No. 2-1 and No. 2 of the evidence No. 2, which was presented by the Defendants as to the assertion of gift, it is clear that it is only the content pertaining to No. 2,777 square meters prior to Simcheon-si, and it is not the content pertaining to the gift of the instant land. Thus, the evidence alone cannot be deemed as having been donated to the instant land by the deceased F to its Ga, and it is different.