1. The Defendants are jointly and severally liable to the Plaintiff.

가. 광주 남구 C 대 139㎡ 중 별지 도면1 표시 ㅋ, ㅅ, ㅇ, ㅈ, ㅊ...

1. Facts of recognition;

A. The instant land was jointly owned by D (78/139 of January 19, 197, and shares) and E (61/139 of March 22, 1986). D donated its share to F on January 7, 1995, and G purchased F’s share in the free auction procedure on June 1, 2010 and purchased F’s share in the same month.

7. The registration of transfer has been completed, and the registration of transfer has been completed on April 9, 2014 by re-purchasing E's shares.

On the other hand, the plaintiff purchased the above land from G on July 9, 2014 and completed the procedure for ownership transfer registration.

B. Of the instant land, the land of this case, located on the right side of the part (C) is owned by I, but Defendant B purchased at the voluntary auction procedure on September 7, 2006 and owned the same month.

7. On December 2, 2008, Defendant A, the wife of the above Defendant, completed the procedure of ownership transfer registration due to donation.

On the other hand, Defendant A newly constructed a building on the above land and completed registration of ownership preservation on December 30, 2008.

C. Since the construction of the above building, the Defendants were living together and used as the passage of the instant land, the only passage leading to the outside until the date of the completion of pleadings in the instant case.

On the other hand, around 2008, the Defendants newly constructed 4.25 square meters on the land on the ground of (C) part of the instant land and on the land on the Defendant’s ownership (hereinafter “instant warehouse”). Of these, the attached drawings 2 indication 1, 2, 3, 4, 5, and 4 square meters on the part (a) of the instant warehouse (hereinafter “instant warehouse”) connected in order to each point of (a) and (b) 3, 3, 4, 5 and 1 are placed on the instant land.

In addition, the defendants are above their own around that time.

항 건물을 둘러 싼 담장과 이 사건 토지 중 도면1 표시 ㅋ, ㅅ의 각 점을 연결한 선내 지상을 따라 철조 출입문 2.9m(이하 ‘이 사건 출입문’이라 한다)를 설치하였다.

Accordingly, as of the closing date of the argument of this case, the above (C) portion is spatially exclusive to the defendants' residence.