A. The Plaintiff is the owner of the building with a 1,154 square meters in Seosung-gu Daejeon (hereinafter “Plaintiff’s site”) and the 2nd floor above the Plaintiff’s site. The Defendant is the owner of the building with a 618 square meters adjacent to the Plaintiff’s building site and the 2nd floor building with a 618 square meters adjacent to the Plaintiff’s building site.

B. Of the Plaintiff’s land, a PVC pipeline (hereinafter “instant pipeline”) with a diameter of 100 meters in diameter is buried in depth above 4.22 square meters in depth, part 4.22 square meters in diameter, which connects each point of Annex 1 (a), (b), (c), (f), (g), (g), (i), (i), (i), (ii), and (iii) of Annex 1.

C. The pipes of this case are used in connection with the pipes installed on the Defendant’s site to flow into a neighboring ditch. However, the Defendant’s removal or closure of the pipes of the Defendant’s site connected with the instant pipes after the instant lawsuit was filed, and thereafter, did not use them more.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, 2, Gap's evidence 3, and 4-1, 2-2, the result of the survey and appraisal conducted by appraiser E, the purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion is the cause of the instant claim. ① the Defendant, without any title, illegally occupied the Plaintiff’s site while using the instant pipelines on the Plaintiff’s site without permission, and ② the Plaintiff allowed the Plaintiff to use the instant pipelines on the Plaintiff’s site.

Even if this falls under the case where the Plaintiff leased the part of the land on which the pipe of this case was laid underground without the time limit, the Plaintiff asserts that the above lease was terminated, and sought the removal of the pipe of this case and the transfer of the part of the land on which the pipe of this case was laid.

In regard to this, the defendant connects the pipes of the defendant's land and the manle installed on the plaintiff's land so that the plaintiff's husband F can smoothly discharge the quality of the defendant's land or sewage, and installed the pipe of this case and let the defendant use it.