1. The Defendants jointly indicate 1, 2, 5, 6, and 1 the annexed drawings among the 58 square meters in the wife G miscellaneous land in the case of the Plaintiff.

Facts of recognition

On April 17, 2007, the Plaintiff completed the registration of ownership transfer in the future of the Plaintiff with respect to 1/2 shares out of 58 square meters in the wife G Miscellaneous land (hereinafter “instant land”).

The instant land was adjacent to the 377 square meters (hereinafter “I land”) where the ownership transfer registration has been completed in the network H, and there were two houses of 126.00 square meters on the 1st floor, 126.00 square meters on the 1st floor, 2nd floor, 95.52 square meters on the 1st floor (hereinafter “I land-based housing”), and the I land-based housing was completed on March 7, 2003.

I A part of the fences surrounding the land site for I land was installed in the line connected to each point of the attached Form 2, 5, and 2 in order of the indication of the attached Form 1, 2, 5, 6, and 1 among the land in this case, which connected each point of the attached Form 1, 2, 5, 6, and 1, and any of the trees planted on I land was affected by the land above.

On the other hand, H had Defendant C, D, E, and F as his child by marriage with Defendant B, and died on July 12, 2010.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, and 6, and each appraisal commission to the Korea Land Information Corporation and the Korea Land Information Corporation of this Court on the basis of the request for judgment as to the overall purport of the pleadings. According to the above facts, the defendants who inherited He shall occupy the land of this case and thereby interfere with the exercise of the plaintiff's ownership, and the preservation of the jointly-owned property can be done individually (see Article 265 of the Civil Act). Thus, the defendants are jointly owners of the land of this case and have the duty to remove the fences and above above above above ground trees on the ground of 4 square meters in part of the land of this case connected to the plaintiff, who is the co-owner of the land of this case, and deliver the land of this case.

The Defendants asserted that the aforementioned fence was not affected by the instant land. The Defendants asserted that the said fence was not affected by the Defendants’ assertion.

However, this Court.