1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On April 4, 2014, the Plaintiff purchased the purchase price of KRW 350,00,000 from Samsung-si, Daejeon in total, KRW 767 square meters, and completed the registration of ownership transfer on April 9, 2014.

B. The Defendant, around the mid-190s, occupied and used as a road after laying an excellent pipe and sewage pipe on the underground of part 138 square meters in the “bbb” portion in the ship connecting each point of the attached Form 1, 2, 3, 3, 13, 14, 15, 16, 17, 18, 19, 19, 20, 21, 22, 7, 8, 9, 10, 11, 12, and 138 square meters of the above land (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, and Eul evidence Nos. 8 and the purport of the whole pleadings

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 Defendant’s assertion has long been used as a passage for all the owners of the above B land and the owners of adjacent land, and the road including the instant land is used as a local road provided for the traffic of the general public.

Therefore, the former owner of the above land provided the land of this case as a passage through the road, and the Plaintiff shall be deemed to have renounced the exclusive use right of the land of this case by acquiring the ownership of the above land of this case with the knowledge of such circumstance.

Even if it is not so, it is against the principle of good faith or an abuse of rights to request the defendant to remove the excellent pipes, sewage pipes and transfer land laid underground in the instant land.

(b)the owner of the land directly provides the land as a road and grants the right to access the land to neighboring residents or the general public free of charge, or the exclusive and exclusive right to use the land;