1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On January 20, 1990, the Plaintiff purchased a 1,265 square meters of land for a factory in Ulsan-gu, Ulsan-gu (hereinafter “instant land for a factory”) and completed the registration of ownership transfer thereof. The Defendant is a person who owns a house with two brick strings of land in the 331 square meters above the instant land for a factory.

B. Of the land for factory in the instant case, approximately 66 square meters of the attached photo (A) portion among the land for factory in the instant case (hereinafter “instant land”) was used by the Plaintiff as a passage of neighboring residents, including the Defendant, prior to acquiring the ownership of the land for factory in the instant case.

C. On October 29, 2004, the Plaintiff filed a lawsuit against the Defendant seeking the payment of land usage fees on the ground that the pertinent land was used as a road without permission (Ulsan District Court Decision 2004Da36672). However, the Plaintiff lost the lawsuit on the ground that it is difficult to deem that the Defendant used the land without permission or obtained the profit therefrom solely on the ground that the Defendant passes through the land provided as a road for public passage.

On May 4, 2016, the Defendant filed a lawsuit against the Plaintiff on the installation of facilities for the purpose of passing through urban gas pipes necessary for the land owned by the Defendant (Ulsan District Court 2016Kadan10130).

After that, urban gas centers (hereinafter "urban gas centers of this case") were buried in the land at issue of this case, and the defendant is supplied with gas and used by urban gas business operators.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff asserts that the defendant is obligated to pay the land user fee to the plaintiff, since he/she occupied and used the city gas center of this case while occupying and using it.

In this regard, it is recognized that the whole purport of the arguments is taken into account.