1. The Defendants are jointly and severally liable to the Plaintiff.

A. Two stories above ground and five stories above ground constructed on the ground of 380 square meters in Yongsan-gu Seoul Metropolitan Government.

1. Basic facts

A. The Plaintiff is the owner of a building in Yongsan-gu Seoul Metropolitan Government 30 square meters, H large 26 square meters (hereinafter “instant land”) and its ground.

B. Defendant B, C, and D are co-owners of F.380 square meters adjacent to the instant land (hereinafter “instant adjoining land”). The Defendants and Defendant E obtained a building permit on January 14, 2009, and from May 2010, newly constructed a building of two underground and five stories above the instant adjoining land (hereinafter “new building”).

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, and 5 (including each number, and Gap evidence 5-1 to 3 are the same as Eul evidence 2-1 to 3)

2. The parties' assertion

A. The gist of the cause of the Plaintiff’s claim asserts that the Plaintiff has a duty to deliver part of the newly constructed new building, which was built by the Defendants against the boundary of the instant land owned by the Plaintiff without a legitimate title, to the Plaintiff, as it occupied the site by owning part of the first and second floors on the ground of the instant newly constructed building, which was constructed by the Defendants over the boundary of the instant land owned by the Plaintiff.

B. As to the Defendants’ assertion, the Defendants asserted that the boundary of the land subject to this case and the adjoining land was an impossible cadastral survey area, and that the new building of this case did not violate the land subject to this case.

3. Determination

A. On July 16, 2007, a cadastral engineer I belonging to Yongsan-gu branch office of the Intellectual Property Corporation established a boundary point on the land of this case.

D. However, in the cadastral situation survey conducted on May 26, 2010 and on January 26, 2011, the cadastral engineer J determined that the instant newly built building does not violate the instant land in relation to the instant neighboring land, and the point used by J for each survey and the said I.