2. The costs of lawsuit shall be borne by the Plaintiff.

A. On March 15, 1965, the Plaintiff completed the registration of ownership transfer for the land 17, Dong-dong, Gwangju Metropolitan City due to sale and purchase. The Defendant was the electricity supplier who installed the power distribution facility of this case after obtaining permission for the occupation and use of the land adjacent to the above land among the roads of this case from around 1996.

B. On July 25, 2014, the Plaintiff sent a letter to the Defendant requesting the removal of the said facilities, on the grounds that the instant power distribution facilities are subject to restrictions on the access to the said land 17 Blue-dong. On August 7, 2014, the Defendant sent a reply to the Plaintiff on the ground that the instant power distribution facilities are narrow and are not available for securing the place of relocation. However, the Plaintiff’s integrated operation of two above ground voltages is possible.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1, Gap evidence 3-5, Eul evidence 5 (including provisional number, hereinafter the same), the purport of the whole pleadings

2. The plaintiff's assertion without the plaintiff's prior consent that the plaintiff used as main passage from the land 17 of the non-road road to the main passage is subject to enormous restriction on the plaintiff's exercise of ownership by installing the power distribution facility of this case. The defendant's act is an illegal obstruction exceeding the limit of admission. Thus, the plaintiff's claim for exclusion of interference based on ownership is demanding to transfer the power distribution facility of this case installed in the occupation part of the defendant's use of this case to another place.

3. Determination

(a) In determining whether a person is a person of social norms or not, as well as the nature and degree of infringement of the rights or interests generally infringed, the content and degree of the public nature of the infringing person, the peculiarity of the local environment, environmental standards to be secured by public law regulations, prevention or mitigation of infringement, or damage.