매설물 철거
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Basic facts
A. On June 18, 2007, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) purchased the instant land from D on the same day and completed the registration of ownership transfer on the same day. On December 8, 2017, the Plaintiff sold 35/342 shares of the instant land to Selection E and completed the registration of ownership transfer on December 18, 2017.
B. The Defendant newly constructed sewage pipes or repaired existing sewage pipes in the underground according to the road marked in color (hereinafter “instant road”), such as the sewage pipeline map, in the process of executing the F Corporation’s “F Corporation” (from December 5, 2006 to June 30, 201; hereinafter “instant construction”). As a result, even on the underground of the instant land, the sewage pipes (attached appraisal is marked as 20cm in diameter, approximately 12.8m in total length from the ground surface; hereinafter “instant sewage pipes”) were laid underground.
In addition, the Defendant newly constructed a container package work on the entire road of this case, including the land on the issue of this case (the result of the accurate measurement appraisal is the attached Form No. 2) in the underground process.
[Ground of recognition] Unsatisfy, Eul's evidence 2, Eul's evidence 4-2, Eul's evidence 10, Eul's survey and appraisal result of appraiser G
2. The gist of the parties’ assertion is that the Defendant, without permission, laid the instant sewage pipe on the ground of the instant land, sought removal of the instant sewage pipe and delivery of the instant land to the Defendant, and also sought restitution of unjust enrichment calculated by the ratio of KRW 300,000 per month from July 1, 2011 to the completion date of delivery of the instant land, which is the day following the completion date of delivery of the instant sewage museum.
In this regard, the Defendant is a construction project legally implemented with the consent of the Plaintiff in accordance with the policy of the Minister of Environment. D, the original owner of the instant land, has exclusive right to use and benefit from the instant land.