1. Of the judgment of the court of first instance, each point listed in the separate sheet No. 29, 30, 31, and 32, among the land listed in the annexed sheet, is successively connected.

1. Basic facts

A. On May 29, 1995, the Plaintiff succeeded to the real estate listed in the separate sheet (hereinafter “instant land”) from B (the Plaintiff’s father, death around 1994) in consultation and division.

B. 1. Of the land in this case, "A" connecting each point of 29, 30, 31, and 32, among the items indicated in the annexed drawings, is laid underground for a pipe in which wastewater discharged from the neighboring housing (hereinafter referred to as "the pipe in this case") flows into a part of the above ground. On the ground, B constructed a wooden structure with a studio of the total floor area of 221.19 square meters on March 3, 1987 and registered as the owner in the building ledger and used it as the site at present after the Plaintiff removed it, and the part of "b" connecting each point of 17, 37, and 38 of the annexed drawings are laid underground (hereinafter referred to as "the pipe in this case"). The above ground is being used as a road.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1 (including each number), the result of surveying and appraising the intellectual property of the court of first instance, the purport of the whole pleadings

2. Determination

A. First of all, the determination of the cause of the claim is based on the following circumstances that can be seen by adding to the purport of the entire pleadings as a result of the first instance court’s on-site inspection as to whether the Defendant is laid underground and the managing body of the superior hall in this case, Gap evidence Nos. 2, Eul evidence Nos. 2, and Eul evidence Nos. 2, and the following circumstances, namely, ① the total length of the superior hall in this case where wastewater coming from neighboring houses flows out of neighboring houses, ② the front part of the house which was removed from the access road to the land in this case is contained in concrete, and the front part of the house which was removed from the access road in this case is contained in the middle, but there is a penle in the middle, and ③ the ground part of the sewage pipe in this case, which the Defendant recognized as laid underground, is used as the concrete package in this case.