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1. The plaintiff's appeal is dismissed.
2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.
purport, purport, and.
Reasons
1. Basic facts
A. C on December 29, 1978, acquired ownership of D 1,425 square meters in Namyang-si, Namyang-si, and the said land was merged with E, F, G, H, and I on January 30, 1980.
(hereinafter “instant land before the instant partition”). B.
C On February 22, 1994, after dividing four parcels, other than D and 8 parcels, before the instant partition, the building was newly constructed on D and four parcels, other than D and D land (hereinafter “instant building”). On July 25, 1994, after completion, on November 21, 1996, the land category of the instant land was changed from the border to the road, and used the instant land as the access road for the instant parking lot.
C. On the other hand, on May 25, 1978, the Governor of the Gyeonggi-do determined and announced the surrounding land including the instant land as an urban planning center by the Gyeonggi-do public notice, and on February 22, 1994, the instant land is divided from the land before the instant subdivision to the urban planning line.
The instant land is adjoining to K road (which is divided on February 22, 1994, from the L land owned by C) and the other end is being used as a passage for neighboring residents and the general public in contact with the NL road owned by the Defendant. The Defendant laid down sewage pipes, water supply and drainage pipes, and water supply and drainage pipes on the ground of the instant land.
E. On October 30, 2004, the Plaintiff acquired the ownership of the instant land by public auction.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 14 (including the number of each branch), Eul evidence Nos. 1 through 6, the result of the on-site inspection by the court of the first instance before remand, the fact inquiry by the court of the first instance as to the case of Namyang-ju, the purport of the whole pleadings
2. The parties' assertion;
A. The plaintiff's assertion is that the former owner of the land of this case occupies and uses the underground part of the land of this case by laying the Manle of sewage pipes and the water supply and drainage pipes on the land of this case without the plaintiff's consent.