1. All of the plaintiffs' claims are dismissed.

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

1. Basic facts

A. The Plaintiffs are co-owners of G 202 square meters (hereinafter “Plaintiff-owned land”) in Yangju-si, and the Defendant is the owner of H 331 square meters in Yangju-si adjacent to the land owned by the Plaintiffs (hereinafter “Defendant-owned land”).

B. The Defendant owned the 4th floor commercial building on the ground of the land owned by the Defendant, and leased the above commercial building to the lessee, thereby making use of and benefit from the said building.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, Eul evidence 2, Eul evidence 4, Eul evidence 6, Eul evidence 7 (including partial numbers), and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiffs' assertion that the plaintiffs' assertion is that concrete packaging is carried out on the ground of 10,00 square meters on the part (A) connected with each point of the plaintiffs' land (hereinafter "A), among the land owned by the plaintiffs, and the part (A) land is occupied without permission by piling out air conditioners, etc., and the above concrete packaging is to remove the above concrete packing and deliver the part (A) land and return the unjust enrichment equivalent to the rent of 50,000 won per month from June 2, 2003 to the completion of concrete packaging and delivery.

B. We examine whether the Defendant: (a) contained concrete packaging on the ground of the part of the land owned by the Plaintiffs; and (b) occupied air conditioners by piling out air conditioners, etc., without any evidence to acknowledge it.

Therefore, the plaintiffs' claim of this case based on the premise that the defendant occupied part of the land is without merit.

3. The plaintiff's amendment of claims for determination as to the legitimacy of the plaintiff's claim and the cause of the claim can be made not later than the time of the conclusion of arguments in fact-finding proceedings, unless there is a substantial change in the foundation of the claim, unless it is a substantial delay in litigation procedures, and merely there is a difference in the method of resolution in the same living or