1. Revocation of a judgment of the first instance;

2. The Defendant indicated in the attached Form 3, 4, 11, 10, 10 among the land size of 185 square meters in the racing-si to the Plaintiff.

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) newly built and sold F apartment (hereinafter “F apartment”) 176 units on the land outside E and 17 parcels at the time of its own racing.

B. On March 26, 1996, D entered into an urban gas supply contract with G Co., Ltd. (hereinafter “G”) to supply urban gas to F apartments, and approved G’s use of 185 square meters in racing-si C (hereinafter “instant site”) within the necessary scope to install a pressure-driven facility.

C. Around that time, G newly constructed a 12m2 inboard (a) part on the instant site, which connects each point of 3,4,11,10, and 3m2 (hereinafter “instant site”) above the instant site, walls other than bricks, slabs, slabsy roof pressure room (hereinafter “instant facilities”) on the ground, and supplies urban gas to F apartment after the completion of the construction of F apartment, and around August 200. After the Defendant acquired G, G supplied urban gas to F apartment from that time to that time.

The Plaintiff completed the registration of transfer of ownership on October 28, 2010 with respect to F apartment H on October 27, 2010.

[Reasons for Recognition] In the absence of dispute, Gap evidence 1, 3, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, the result of the measurement and appraisal commission to the Korea Intellectual Property Corporation by the court of first instance, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, as co-owners of the site of this case, is obligated to remove the facilities of this case and deliver the site of this case to the plaintiff who exercises the right to claim the removal of disturbance based on ownership as a preservation act for the jointly owned property, unless there

3. Judgment on the defendant's assertion

A. The Defendant asserted implied acceptance acceptance acceptance or waiver of the right to benefit from use, and the Defendant consented D to the use of the instant site to the extent that D consented to the installation of the instant pressure equipment.