토지인도 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 6, 2015, the Plaintiff purchased 170 square meters of road E in Busan-gun, Busan-gun (hereinafter “instant land”) and completed the registration of ownership transfer.
In addition, the Plaintiff owns C forest land 344m2 and D forest land 819m2 in the vicinity of the instant land.
B. On August 19, 2009, the Defendant newly constructed and operated a convalescent hospital on the F land located in Busan-gun, Busan-gun, and around that time, used sewage pipes (outstanding pipes and sewage pipes) within the instant land as underground.
C. Meanwhile, G, who was the owner of the instant land, agreed to use and designate the instant land as a road to the head of the relevant Gun.
[Ground of Recognition] Facts without dispute, Gap 1, 2, 3, 7, 12 evidence, Eul 1 through 6 (including paper numbers)
2. Plaintiff’s assertion and judgment
A. The Plaintiff, who owns the land adjacent to the claim in Busan-gun C and D, is in a situation where it is difficult to flow sewage from each of the above land to the public sewerage without using the drainage system for the above excellent pipes and sewage pipes installed by the Defendant (hereinafter “instant drainage system”). As such, the Plaintiff is entitled to use the drainage system from each of the above land pursuant to Article 29(1) of the Sewerage Act by linking the drainage system to the drainage system in this case.
B. The owner of a neighboring land may use a structure installed by the owner of the neighboring land in order to communicate the water of the land (Article 227 of the Civil Act). In a case where a person who installs a drainage system or manages it has difficulty in flowing sewage into the public sewerage without using the drainage system of a third party, or is unable to manage it, the drainage system installed by a third party (Article 29(1) of the Sewerage Act). However, it is recognized that there is reasonable circumstance that does not pass through the drainage system installed by a third party does not necessarily lead to the drainage system, and it is the other party to install