1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the cases where the Defendants’ assertion to emphasize or add to this court is determined as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendants' assertion and judgment

A. In around 2008, Defendant C entered into a sales contract with the Plaintiff that sold 600 square meters of land of 2314 square meters prior to the division into the Plaintiff at KRW 600 million per square meter, among the land of 2314 square meters prior to the division.

당시 이 사건 매매목적물의 경계를 측량하지는 않았고, 빨간벽돌 담장 쳐진 곳(벽이 움푹꺼진 곳)을 경계로 하여 600평을 특정하였다.

The Plaintiff purchased the above 600 square meters and divided them into D large 711 square meters (215 square meters), J factory site 429 square meters (130 square meters) and 867 square meters (263 square meters) for K factory site, and registered the transfer of ownership in the name of the Plaintiff, and the above J and K land in the name of the agricultural corporation operated by the Plaintiff, respectively.

Ultimately, the Plaintiff completed the registration of ownership transfer in its name at 608 square meters (No. 263 square meters of J land 130 square meters of land 215) more than that set forth in the instant sales contract.

The toilet of this case was sent on the land of this case, which was not subject to sale, and is currently owned by the defendant, and the plaintiff also did not raise an objection against the installation and use of the toilet of this case by the defendant C.

Ultimately, the Plaintiff’s claim seeking the removal of the toilet of this case and the delivery of the above toilet site is without merit, which was sent to Defendant C’s land.

B. Where a parcel of land is registered with one parcel in the cadastral record under the Cadastral Act, the location, lot number, land category, land register and boundary of the land shall be specified as this registration unless there are other special circumstances, and the scope of ownership shall be determined by the boundary in the public record regardless of the actual boundary.