1. The defendant is against the plaintiffs:

A. Each point of (i) [Attachment 2] No. 11,10 shall be indicated on (ii) [Attachment 2] No. 3815.7 square meters in Seocheon-si.

1. Basic facts

A. The Plaintiffs are classified owners of the 69 heading rooms among the 71 heading rooms on the ground of the 71st heading rooms on the land of Seocheon-si B, Seocheon-si, B, 3815 square meters (hereinafter “instant land”). The Plaintiffs are the owners of the instant land, and the Defendant is the owners of D-si, Seocheon-si, Seocheon-si, 124.2 square meters adjacent to the instant land and the housing on the said ground (hereinafter “Defendant-owned housing”).

B. The Defendant built a fence on the line connecting each point of 11 and 10 marks on the attached sheet 3, 4, 5, 6, 7, 8, 14, 13, and 3 marks on the ground of the part (i) of 5.4 square meters on the ground that connects each point of 3, 4, 5, 6, 7, 8, 14, 13, and 15 marks on the attached sheet 3, 4, 5, 5, 6, 14, 13, and 5.7 square meters on the ground that is owned by the Defendant (hereinafter “the part of stairs”), and the housing owned by the Defendant commits a crime on the ship (hereinafter “the part of housing”) that connects each point of 15, 16, 17, 18, 9, 14, 13, and 15 marks on the attached map.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 4, and 5, and the contents and images of evidence Nos. 1, 4, and 5, and the result of the commission of appraisal to the director of the Korea Land Information Corporation on September 28, 2020, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiffs asserted 1) and the Defendant’s housing owned by the Defendant obtained unjust benefits equivalent to the rent by breaking part of the instant land and by occupying and using the inner part of the wall installed by the Defendant’s ownership. As such, the Plaintiffs seek to remove part of the Defendant’s housing that intrudes on the wall, stairs installed by the Defendant, and the instant land, and seek the return of the amount of unjust benefits equivalent to the rent from October 8, 2019 to the completion date of delivery from October 8, 2019 to the date following the date of the copy of the instant complaint.

2) The Defendant acquired extinctive prescription pursuant to Article 245(1) of the Civil Act by occupying the part of the instant land in which the Defendant owned the Defendant’s house in a peaceful and public performance for at least 20 years. The Plaintiffs’ seek removal, etc. of the fence is solely the same.