1. All of the plaintiffs' claims are dismissed.

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

1. Basic facts

A. On July 10, 1955, the deceased H completed the registration procedure for transfer of ownership on each of the instant lands under the Daegu District Court’s registration No. 6859 on August 20, 1987, which received on August 20, 1987.

B. On March 1, 2010, the network H died. Each of the instant lands succeeded to the respective shares of Plaintiff A, B, C, and D, 14/105; Plaintiff E’s shares of 6/105; Plaintiff F, and G, each of the shares of 4/105; Party I, the wife of the network H, 21/105; and Party J, 14/105 shares.

C. Each of the instant lands is used as the pertinent reservoir site by forming the lower part of the reservoir “K” (hereinafter “instant reservoir”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Since the plaintiffs' assertion on the cause of the claim occupies and uses each of the lands of this case without permission, the defendant is obligated to return unjust enrichment equivalent to the rent from the time when the plaintiffs acquired ownership of each of the lands of this case to the time when the defendant terminated possession.

3. First of all, we examine whether the Defendant occupies and uses each of the instant land.

A. Comprehensively taking into account the statements in the evidence Nos. 3 and 4 above, ① Construction of the reservoir in this case at around 1924; ② Change of land category around November 30, 1940 to the maintenance of the reservoir in this case; ③ Improvement of the reservoir in this case as the manager of the reservoir in this case pursuant to Article 158-2 of the Agricultural Community Modernization Promotion Act (amended by Act No. 3120, Dec. 5, 1978; March 6, 1979); ④ Improvement of the reservoir in this case after the registration date at the latest managed the reservoir in this case; ⑤ Improvement of the reservoir in this case after the registration date at the latest, may be acknowledged to be dissolved as having been de facto converted from the farmland in this case to the orchard.

According to the above facts of recognition, the possessor of the instant reservoir is after K Improvement System or dissolution.