1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a clan comprised of the descendants of the 1stm J (including Defendant B) residing in the Jeon-nam-gun G G and H, and the members of the Plaintiff up to 42 until the date of the closing of argument in the instant case after the instant lawsuit was filed.

B. The Plaintiff completed the registration of ownership transfer on June 17, 1995 with respect to E forest land for each reason, “transaction on October 10, 1984,” and “Sale on December 10, 1975,” respectively.

C. On March 14, 1990, Defendant B completed the registration for transfer of ownership on the ground of “sale on March 10, 1990,” with respect to the land of 1,412 square meters (hereinafter “K land”) located in the Seoul-gun, Chungcheongnam-gun, Seoul-gun, Seoul-do, which is adjacent to the E Forest and Forest and F land.” On May 13, 2015, Defendant C completed the registration for transfer of ownership on the ground of “Exchange on May 8, 2015.”

한편 2010년경 E 임야 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅁ‘, ㅂ’, ㅅ‘, ㅇ’, ㄱ의 각 점을 차례로 연결한 선내 (나) 부분 60㎡와 F 토지 중 별지 도면 표시 ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ‘, ㄴ’, ㄷ‘, ㄹ’, ㅁ', ㅁ의 각 점을 차례로 연결한 선내 (마) 부분 175㎡ 지상에 이 사건 콘크리트 포장이 설치되었다.

E. On May 13, 2015, Defendant B occupied and used the instant concrete packaging part before completing the registration of ownership transfer of K land to Defendant C.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1, result of surveying and appraisal by the Korea Land Information Corporation, witness L, M's testimony, purport of whole pleadings

2. The Plaintiff’s assertion was around 2006, Defendant B made the instant concrete package and used it as a parking lot and K’s access to the land as seen earlier, among the E Forest and F land owned by the Plaintiff.

After that, Defendant C transferred the ownership of K’s land from Defendant B on May 13, 2015, and used the instant concrete package as a parking lot or K’s access to the instant land until the date of closing the argument of the instant case.