1. The judgment of the first instance, including any claims added and reduced in this Court, shall be amended as follows:

2. The defendant.

1. Facts of recognition;

A. On November 6, 2015, the Plaintiff completed the registration of the transfer of ownership due to the public auction with respect to the land B in Gwangju-dong-gu, Gwangju-gu, 34.5 square meters (hereinafter “instant land”).

B. Of the instant land, the sewage pipe installed and managed by the Defendant (hereinafter “the instant sewage pipe”) is laid underground on the ground of part 11.1 square meter in the part on the ship (b) connecting each point of the attached drawing Nos. 1, 5, 4, 7, 6, and 1 in sequence among the instant land.

【Unfounded Grounds for Recognition】 Facts without dispute, Gap evidence Nos. 1 and 6, the result of this court’s request for appraisal to the vice-branch of the Korea Land Information Corporation in Gwangju, the purport of the entire pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the Defendant, who is the subject of the installation and management of the instant sewage culvert, is obligated to remove the instant sewage culvert to the Plaintiff, the owner of the instant land where the instant sewage culvert is installed, deliver the relevant part of the land, and return the unfair profit equivalent to the rent arising from the use of the part where the instant sewage culvert is installed.

B. The defendant's defense 1) The owner of the existing land of this case renounced the exclusive and exclusive right to use the part on which the sewage pipe of this case was laid underground, and the plaintiff who acquired the land of this case also acquired the right to use the land of this case with the knowledge of the fact that there is such a burden. As such, the plaintiff cannot seek to the defendant for the removal of the sewage pipe of this case and the delivery of the part of the land and the return of unjust profits.

2) In a case where the owner of the relevant legal doctrine provides the land owned by him/her for general public, such as a road and a site laid underground, the details and period of possession of the land, the details and scale of the owner’s provision of the land to the public, the existence of the owner’s interests or benefits arising from the provision of the land, the location and form of the relevant land, and other adjacent lands.