1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

1. Basic facts

A. On April 4, 1969, the Plaintiffs inherited a road of 132 square meters on a road of Kimpo-si, Kimpo-si (hereinafter “Hri land”) from I and jointly owned by Plaintiff A 3/6, Plaintiff B 1/6, and Plaintiff C at the ratio of 2/6 shares.

B. On October 29, 2007, the Defendant purchased a F.973 square meters adjacent to the land owned by the Plaintiffs, and constructed a new building on or around January 9, 2008, and operates a factory with the trade name “G”.

[Ground of recognition] Facts without dispute, Gap 1-1, 2, Gap 2, 3, 4, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, which owned by the Plaintiffs, packages concrete parts of item (a) (a) on the ship, which connects each point of 1,2,3,4,5,16,17, and 1, of the attached land of 132 square meters among the land owned by the Plaintiffs, and occupies and uses it as a factory site owned by the Defendant without title. Thus, the Defendant seeks delivery.

B. Defendant 1) The instant land is part of a road provided for a long time to the general public, and the Defendant only used it as a passage to and from the Defendant’s land and did not possess it. (2) The Defendant cannot access the land owned by the Defendant without passing the instant land, and thus, the right to passage surrounding land should be recognized.

3. Although the Plaintiffs offered the instant land without compensation, exercising ownership against the Defendant is in breach of the good faith principle.

3. Determination as to the cause of action

A. Possession refers to the objective state that appears to be in the factual control of a person under the social concept, and to have a factual control, it is not necessarily required to control the object physically and practically, but should be judged in conformity with the social concept by taking into account the time and spatial relationship with the object, the principal right relationship with the object, the possibility of another person’s control, etc.

B. We examine whether the Defendant occupied the instant land.

1 The defendant shall use the F-land.