1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The Plaintiffs filed a request for removal of the Jeonju, etc., a request for removal of land, and a request for restitution of unjust enrichment. The first instance court accepted both the request for removal of the Jeonju, etc. and the request for request for delivery of land, and partly accepted the claim for restitution of unjust enrichment.

Accordingly, since only the defendant appealed against the removal of the previous owner of the first instance judgment and the request for the delivery of land, the subject of the judgment by this court is limited to the plaintiffs' request for removal of the previous owner, etc. and the request for the delivery of land.

2. Determination as to the cause of action

A. (1) The registration of ownership transfer was completed on May 4, 1978 with respect to the land of this case in the name of F and Plaintiff A on May 4, 1978 (hereinafter “instant land”). F sold to Plaintiff A 5/20 of the instant land, 3/20 of the instant land to Plaintiff B, 2/20 of the instant land, and 2/20 of the instant land to Plaintiff C, and accordingly, the registration of ownership transfer was completed on June 25, 2002 as to the instant land.

As a result, Plaintiff A shares 15/20 of the land of this case, Plaintiff B shares 3/20 of the land of this case, Plaintiff C shares 2/20 of the land of this case, and Plaintiff C shares 2/20 of the land of this case, and the Plaintiffs share the buildings of the third floor size of the land of this case as above shares.

(2) Since January 25, 2003, 10 years prior to the filing date of the instant lawsuit, the Defendant installed electric poles, Han-gu and electric wires on the instant land and supplied electricity to the neighboring areas by the time of closing argument in the trial.

(3) The Defendant, in turn, installed electric wires on the instant land on the part of the connection line Nos. 7, 9, 6, and 7 indicated on the attached sheet, and installed electric poles on the part of the connected line Nos. 10-17, and 10 in the attached sheet Nos. 10-17, and 10 in the attached sheet Nos. 18-21, and the part of the connected line Nos. 18 of the attached sheet Nos. 18-21 and 18.

(4) The defendant is the former owner, and the latter.