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1. The Defendants are in turn indicated in the annexed drawing Nos. 1, 2, 3, 10, 11, 12, and 1 among the land size of 331 square meters in Gwangju-si.
Reasons
1. Basic facts
A. On August 31, 2009, the land of 528 square meters in Gwangju-si, which was owned by Nonparty E (73/528) and Plaintiff (45/528), was divided into 331 square meters in Gwangju-si, Gwangju-si (hereinafter “instant land”) and 197 square meters in F-si, and Defendant B is the owner of G factory site adjacent to the instant land.
B. Defendant B and his husband who resided in the above G’s house, and Defendant C, her husband, have accumulated each stone axis on the line connected each point of 13,7, and each point of 12, 3, 10, and 10, in sequence, among the land of this case, each point of which is indicated in the attached drawing Nos. 3, 13, 13, and 10, and each point of 13, 2, 3, 10, 11, 12, 12, and 3, 122, and 3, 13, 7, 6, 5, 4, and 3, in sequence, each of which is connected to the land of this case, is occupied by the portion of the “three-three-three square meters” portion of the land
[Ground of recognition] Evidence Nos. 1 and 2, and the result of the survey and appraisal conducted by appraiser H by this court, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of recognition as to the cause of the Plaintiff’s claim, the Defendants, as co-owners of the land of this case, are obligated to transfer each of 23 square meters of land part of “B” and 23 square meters of land adjoining each of the points of 3, 13, 7, 6, 5, 4, and 3 in order to the Plaintiff, in the following order: (a) as the Plaintiff, who is a co-owner of the land of this case, is obligated to preserve each of the points of 1,2, 3, 10, 11, 12, and 12 of the attached drawings among the land of this case; and (b) in order to remove each of 13, 13, and 10 square meters of land adjoining each point of 3, 13, and 7 of the attached drawings.
B. The judgment of the Defendants’ assertion (1) is first against the Defendants, and Defendant B is the person who has the right to occupy and use the instant land and the instant G land adjacent to Gwangju City, and the Plaintiff and Nonparty J find the Defendants around June 2008, and obtain permission to construct a bridge to enter K land, which is a franchisor of the said ditch, from the competent authority.