1. The Plaintiff (Counterclaim Defendant) indicated on the attached sheet No. 18, 5, 6, 19, 20, 21, 22, 23, 24, 27, 17, among the attached sheet No. 668 square meters in Gyeongcheon-gun, Gyeongnam-gun C.

1. The plaintiff asserts that the defendant is obligated to remove the above sewerage pipes and cement packaging, as the defendant installed a sewerage pipe and cement packing on the part of the instant land, which was owned by the plaintiff, without the plaintiff's permission, and interfered with the plaintiff's ownership.

In full view of the entries in Gap evidence 1-2, Gap evidence 1-1-2, Eul evidence 10, Eul evidence 3, and the whole purport of the pleadings as a result of the on-site inspection by this court, the defendant can be recognized as having completed the registration of ownership transfer of the land of this case on August 25, 2006. In light of this, the defendant's above construction was in conformity with the land of this case and became part of the above land.

As long as the plaintiff acquired ownership of the land of this case thereafter, it cannot be deemed that the above sewerage pipes and concrete packaging obstructs the plaintiff's ownership. Thus, even if the plaintiff removes the above sewerage pipes and concrete packaging at his own expense, the plaintiff cannot seek removal against the defendant.

I would like to say.

Therefore, the plaintiff's above assertion is without merit.

2. Judgment on the counterclaim

A. As to the instant defense, the Plaintiff claimed construction costs and damages while filing the instant counterclaim, but sought confirmation of free traffic rights and prohibition of interference with traffic through the application for modification of the purport of the claim and the cause of the claim on November 21, 2012. As to the modification of the purport of the claim and the cause of the claim, this cannot be permitted since it is a modification that is not recognized as identical to the basis of the claim. Therefore, the Defendant’s claim before and after the change is justified.