1. The Defendants, together with the Plaintiff, are indicated in the separate sheet No. 7, 6, 3, 8, and 7, among the size of 176.3 square meters in Daegu Northern-gu, Daegu-gu.

1. Basic facts

A. On December 6, 2016, the Plaintiff completed the registration of ownership transfer with respect to the land owned by the Plaintiff (hereinafter “Plaintiff-owned land”).

B. Defendant B is the owner of a house with a size of 137.2 square meters in Daegu Northern-gu and its ground, and Defendant C is the owner of a house with a size of 137.8 square meters in Daegu Northern-gu and its ground.

C. The Daegu Northern-gu E-road 32 square meters (hereinafter “instant road”) adjacent to the Plaintiff’s land is jointly owned by the Defendants in proportion to 1/2 shares. The Defendants were used as a passage leading to each of the above housing owned by the Defendants in the public road. The Plaintiff’s land and the instant road were installed on the boundary of the road.

However, in the process of removing existing houses on the land owned by the Plaintiff and newly constructing multi-household houses, the Plaintiff removed the said fences without permission, which were installed on the road boundary of the Plaintiff’s land and the instant road.

E. Accordingly, the Defendants demanded restoration to the Plaintiff, and filed a criminal complaint against the Plaintiff who did not comply with the request, and constructed cement block walls (hereinafter “the instant wall”) such as marking the Plaintiff’s land and the instant road boundary along with the sign of the relevant drawings.

F. Of the instant fences, a fence on the ground of 0.3 square meters in part on board, which connects each point of 7, 6, 3, 8, and 7, which is located in the separate sheet, was built by breaking the real estate owned by the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 6 (including paper numbers), Eul evidence Nos. 1 through 5 (including paper numbers), the result of the request for surveying appraisal by this court, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) Among the instant fences, a fence on the ground of 0.3 square meters in the said part of the land in question was built in violation of the Plaintiff’s land ownership. The Defendants are jointly obligated to remove the fence to the Plaintiff and deliver 0.3 square meters in the said part of the land to the Plaintiff.

(2) The instant road has been provided as a passage to the general public.