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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On May 20, 2016, the Plaintiff purchased from D, on May 20, 2016, KRW 198 square meters and KRW 146 square meters (hereinafter referred to as “H-ri land”). On July 13, 2016, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name with respect to each of the said land.
B. During the period from 1940 to 1941, E was owned after installing a water line for supplying water to G G for the first time. However, the locking structure (fume) that forms part of the above water line (hereinafter “instant structure”) is the point where the boundary point of the land B and the boundary of the land B and the left-hand side of the Eastern I are cross-shaped in X-type, in order to connect each point of (i) part of the attached drawing No. 1, 2, 3, 4, 8, and 1 among the above land owned by the Plaintiff.
In addition, among land C, parts of (b) and (b) of (i) and (ii) are buried underground in each of the above-mentioned land (hereinafter referred to as “instant land”) that connect each point of the same map No. 4, 5, 6, 7, 8, and 4 in sequence.
C. The defendant was established on January 1, 200, and comprehensively succeeded to the rights and obligations of the E Union.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant, the owner of the instant structure, is obligated to remove the instant structure to the Plaintiff, the owner of the instant land, and deliver the instant land to the Plaintiff, except in extenuating circumstances.
3. Judgment on the defendant's assertion
A. The Defendant’s assertion 1 is the managing body of the instant structure. As such, the Plaintiff cannot seek against the Defendant the removal of the instant structure and the delivery of the instant land. 2) The Defendant purchased each of the instant land from the owner of the Hri land at the time the instant structure was laid underground.