1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. E (hereinafter “the clan of this case”) and F decided to separately own part of the land of 3,531 square meters prior to the Dong-gu Daejeon District D (hereinafter “instant land”), and completed the registration of co-ownership corresponding to the area of each sectional ownership. The ratio of shares is 891/2,800, and F is 1,909/2,800.

B. From 1975, the Plaintiff entered into an entrusted management agreement on the part owned by the clan of this case among the land of this case (hereinafter “the land owned by the clan”), and planted landscape trees, etc. on the land owned by the clan, and the F has planted landscape trees, etc. on its own land (hereinafter “F-owned land”).

C. On March 29, 2013, F sold F-owned land to Defendant B (hereinafter “F”) and completed the transfer registration of equity ownership on June 4, 2013.

The main contents of the instant sales contract are as follows.

Sales proceeds: 65,520,000 Special Terms and Conditions

1. The seller (F; hereinafter the same shall apply) shall transfer the trees for landscaping before any balance is reached. If it is not transferred, the buyer (Defendant B; hereinafter the same shall apply) shall dispose of them at will;

2. The survey of the cadastral status shall be applied by the buyer, and shall be notified to G and the members of the clan of this case at the time of confirmation of the date so that they may be present.

3. The position of the share of the buyer’s defendant B (F share) shall be the boundary on the road above the present customary road as shown in the annexed confirmation drawing.

I W. FD

D. Defendant B had the Korea Intellectual Property Corporation conduct a cadastral survey on April 5, 2013, and as a result, the instant land was surveyed by the F-owned land and the Maritime Affairs and the Madern portion of the land owned by the clan, as shown in the attached Form No. 1.

E. On May 17, 2013, Defendant B, the manager of the land adjacent to the instant land, was planted on the ground of 2,409 square meters in part of “A” among the instant land, as shown in the attached cadastral survey drawings, to Defendant C, who is the manager of the land located adjacent to the Daejeon-gu Seoul Special Metropolitan City.