1. The Defendant indicated in the attached Form No. 1, 2, 3, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 7.

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 3, 4, and Eul evidence Nos. 1, 2, 3, and 4 (including paper numbers) and the whole purport of the pleadings.

On April 4, 2014, the Plaintiff purchased the purchase price of KRW 350,00,000 from C, which was 767 square meters prior to racing-si, and completed the registration of ownership transfer on April 9, 2014.

B. The Defendant, among the above land, occupied and used as a road after placing excellent pipes and sewage pipes on the underground surface of part 138 square meters in the “bbbb” portion on the ship connecting each point of the attached drawing Nos. 1, 2, 3, 3, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 22, 7, 8, 9, 10, 11, 12, and 138 square meters (hereinafter “instant land”).

2. According to the above facts of recognition as to the cause of the claim, the Defendant, as the owner of the instant land, is obligated to collect excellent pipes and sewage pipes laid underground in the instant land and deliver the instant land to the Plaintiff, which is the owner of the instant land, unless there are special circumstances

3. Judgment on the defendant's assertion

A. The main point of the Defendant’s assertion is as follows: D, E, F, G, etc., the owners of the adjoining land B, including C, have used the instant land as a passage through the instant land; and the road including the instant land is used as a local road provided for the general public’s traffic.

Therefore, it shall be deemed that the former owner of the land B offered the instant land as a passage through the road, and the Plaintiff renounced the exclusive right to use and benefit from the instant land by acquiring the ownership of the land with the knowledge of such circumstance. Therefore, the Plaintiff’s claim for collection and delivery of excellent pipes and sewage pipes laid underground in the instant land constitutes an abuse of rights in violation of the principle of good faith

B. Each statement of Nos. 1, 2, 3, 4, and 5 (including household numbers) Nos. 1, 2, 3, 4, and 5 (including household numbers) is sufficient to establish excellent pipes and sewage pipes under the ground of the instant land and occupy the instant land.

or the previous owners of B’s land.