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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 13, 1980, F 5,650 square meters in ASEAN-si E (hereinafter “E”) was divided into D large 92 square meters (hereinafter “instant land”), F land, G, H, I, and J each land after the division.
B. On July 9, 1984, the Plaintiff completed the registration of transfer of ownership with respect to the instant land, G land, and H land. On July 9, 1988, the Plaintiff sold G land and H land to K and completed the registration of transfer of ownership.
The above G land was merged with H on March 25, 1989, and was divided into G land and L land after November 6, 1989.
(c)
The instant land is in line with F land, G land after division, G land after division, J land, and L land (hereinafter “each adjoining land”). On each adjoining land of this case, each building approved to be used from March 1, 1989 to February 1, 1991 is constructed.
(d)
Around June 2008, the Defendant laid a sewage pipeline on the underground of the instant land, and sealed the ground as a container.
[Ground of recognition] Unsatisfy, Gap evidence of Nos. 1 through 5, Eul evidence of No. 1 through 8 (which includes a number of evidence)
Each entry and the purport of the whole pleadings; hereinafter the same shall apply)
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to comply with each of the claims of this case sought by the Plaintiff as the landowner, except in extenuating circumstances, since the Defendant laid a sewage pipe on the ground of this case, and occupies and uses the ground in a package of the container.
3. The defendant's assertion that the plaintiff renounced the exclusive right to use the land of this case.
The argument is asserted.
In interpreting the intent that the owner waives his exclusive and exclusive right to use and benefit, the circumstances and period that the owner owned the land in question, the details and scale of selling the remaining land in installments, and the location and nature of the land used as the road;