1. Removal of septic tanks in the judgment of the court of first instance and request for partial delivery of the land, removal of retaining walls and delivery of the part of the land.

1. Basic facts

A. G and the Plaintiffs are co-owners who completed the registration of ownership transfer with respect to shares of 1/4 out of the instant forest land on January 7, 2011.

B. On August 20, 2008, the Defendant completed the registration of ownership transfer with respect to H 162 square meters (hereinafter “instant land”) adjacent to the instant forest and owned a new building on that ground.

C. At present, the Defendant is running a restaurant business, etc. from the land-based building of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the removal of septic tanks and the claim for land delivery

A. The Plaintiffs, as the Defendant laid underground the instant septic tank in the instant forest, claim that the Plaintiffs, co-owners of the instant forest, have the duty to remove the instant septic tank and deliver part of the land. As such, the Defendant’s existence of the instant septic tank is no dispute between the parties. According to the result of the Defendant’s request for surveying and appraisal on June 15, 2020 for the head of the Korea Land Information Corporation’s branch office located in the instant forest, the instant septic tank is recognized to have been laid underground in the inside line, which is part of the instant forest, in turn connected each point of the separate drawings No. 1, No. 2, 3, and 1.

However, according to the result of the above survey appraisal commission, it is recognized that the part where the septic tank of this case is invaded among the forest of this case is not calculated in the area. Thus, even if the part where the septic tank of this case was invaded in the forest of this case, it is difficult to view that it was specified as an object subject to removal and delivery due to extremely minor parts.

Therefore, the plaintiffs' assertion cannot be accepted.

As a result of the fact-finding on the head of the Korea Land Information Corporation in the first instance court, the fact-finding results on August 3, 2018 to the head of the Korea Land Information Corporation in the first instance court.