1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit are assessed against the defendant.

1. Facts of recognition;

A. The Plaintiffs own one half of the share of 1,911 square meters (hereinafter “instant land”) in the Suwon-si Suwon-si Suwon-si D, and the Defendant owns five hundred and thirty-eight square meters adjacent to the instant land (hereinafter “Defendant’s land”).

B. On December 8, 2011, the Defendant constructed a house on the Defendant’s land. The steel fence of the said house infringed on the instant land, and the Defendant occupied the part of 14 square meters in the ship (i) in which the Defendant connected each point of the attached Form 1, 2, 29, 28, 27, 26, and 1, in turn, connected the instant land.

C. On September 30, 2016, the instant lawsuit pending, the Defendant removed the steel fence and delivered the land occupied without permission to the Plaintiffs. On October 17, 2016, the Defendant deposited the total amount of unjust enrichment claimed by the Plaintiffs and repaid it.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The Plaintiffs asserts that the Defendant is obligated to remove the steel fence installed on the instant land, deliver the land occupied without permission to the Plaintiffs, and return unjust enrichment from unauthorized occupation.

In light of the above facts, the defendant was obligated to remove the steel fence and deliver the illegally occupied portion to the plaintiffs, and pay unjust enrichment, since the defendant constructed a steel fence on the land owned by the plaintiffs without permission and uses and benefits from it without permission, the defendant was obligated to remove the steel fence and deliver the illegally occupied portion to the plaintiffs.

Thus, the defendant has fulfilled all of the above obligations to the plaintiffs during the proceeding of this case. Accordingly, all of the plaintiffs' arguments are without merit.

B. In principle, the losing party shall bear the litigation costs (Article 98 of the Civil Procedure Act). However, the court needs to increase or protect the winning party’s rights, depending on circumstances.