1. All of the plaintiffs' claims are dismissed.

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

1. Basic facts

A. The Plaintiff owned the ownership with respect to the portion of 13,402/13,574 square meters of G forest in Namyang-si, Namyang-si, and 1/2 shares of 136,941 square meters of G forest, 54,076 square meters of J forest, 54,076 square meters of J forest, and 1/2 shares of 106 square meters of K forest among 13,492 square meters of 13,492 square meters prior to H, and Plaintiff A owned the ownership for 38,777 square meters of M forest and 38,777 square meters of land. On March 29, 2015, Plaintiff D, the heir, was registered with respect to the share of 2/5 square meters of 13,492 square meters of 13,492 square meters of H, and Plaintiff E, the heir, made a registration of inheritance by split-off under consultation with Plaintiff E

(B) The sum of all the above land is “the instant land.”

The Defendant is the executor of Phigh speed Road Private Investment Project (hereinafter “instant project”) operated by constructing four-lane roads in the length to connect the same city of N in Yangyang-si, Namyang-si, and a four-lane road in width to and from 20 meters.

C. The Defendant entered into a contract for construction work with the non-party large forest industry corporation for the instant business, and the large forest industry corporation again entered into a subcontract with the non-party Yangyang Construction Industry Co., Ltd. (hereinafter “Dongyang Construction Industry”) and the non-party Heung Industry Co., Ltd. (hereinafter “Sungyang Industry”).

However, the East Construction Industry and the Heari Industry, while conducting a tunnel construction for the instant project, excavated the underground of the instant land and sold soil and rocks produced in the process (hereinafter “the instant soil and rocks”) to the third party corporation, Samyang concrete Co., Ltd., Qu and Crri Industries.

In this process, there is no fact that the defendant, the Dongyang Construction Industry, and the Heal Industry have obtained the consent of the plaintiffs or paid the user fee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 16, Eul evidence Nos. 10 (including each number if any) and images, the East Construction Industry of this Court, each fact inquiry results on the interest industry, the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiffs' assertion that the defendant is buried in the underground of the land of this case.