1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 19, 2006, the Plaintiff paid the construction cost of KRW 4,400,000 to the Sungwon Energy Co., Ltd., and completed the construction of the above housing underground gas pipeline (hereinafter “instant gas pipeline”). The Plaintiff was the owner of the second floor of brick and block slock slive roof (hereinafter “instant C house”).

B. On May 28, 2013, the Defendant acquired two-story housing (hereinafter “instant D”) with the mentmenation C, 62475, mentmenation C, Busan, Busan, on May 28, 2013, and paid KRW 4,600,000 for construction cost to light energy Co., Ltd. on October 11, 2013, and completed the construction of the instant underground gas pipeline.

C. On November 22, 2013, the Defendant sold the instant D Housing to E, and the Plaintiff sold the instant C Housing to F on October 13, 2015.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1 to 3, Eul's 1 to 5 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserted that the Plaintiff did not use the instant gas pipeline by connecting the instant gas pipeline to the instant D Housing Pipelines without the Plaintiff’s consent. Since the instant gas pipeline usage fee is KRW 100,000 per month, the Defendant should return to the Plaintiff unjust enrichment equivalent to KRW 100,00 per month from October 19, 2013 until the said gas pipeline is separated and removed.

B. We find it difficult to acknowledge that the Defendant used the instant gas pipelines by linking them to the instant D Housing Pipelines only with the images of evidence Nos. 4 and 5-1 to 4, and evidence Nos. 6. Rather, according to the results of the fact-finding inquiry reply by Busan Urban Gas Co., Ltd., the Defendant was in the process of the instant D Housing Pipelines construction.