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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 19, 2006, the Plaintiff purchased 56 square meters and C26 square meters (hereinafter “instant land”) prior to Jongno-gu Seoul, Jongno-gu, Seoul, used as a narrow side road between neighboring houses, and completed the registration of ownership transfer on the 26th of the same month.
B. Upon obtaining approval from Jongno-gu around December 200, the Defendant: (a) laid underground gas pipes with a diameter of 0.1m, pipes total length of 19.5m, and depth of 0.8m (hereinafter “gas pipes of this case”) on the instant land as shown in the attached Table; (b) paid the occupation fees of 22,425 won per year to Jongno-gu Office.
C. The instant gas pipeline is used to supply urban gas to the four generations of F, G, H, and I.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence of Nos. 3 through 6, Eul evidence of No. 1, 2 and 3, the purport of the whole pleadings
2. Determination:
A. The gist of the parties' assertion argues that the defendant has a duty to remove the gas pipelines of this case in order to eliminate the disturbance since he/she installed and uses the gas pipelines of this case without any title on his/her own land. The defendant asserts that the plaintiff's claim of this case should be dismissed because he/she constitutes abuse of rights.
B. According to the above facts as to the defendant's duty to remove the gas pipelines of this case, it is apparent that the defendant installed and used the gas pipelines of this case without the plaintiff's consent, which is the former owner of the land of this case, or it occupied the land of this case. However, in full view of the whole purport of the arguments in the evidence Nos. 3, 4, and 5 (including additional numbers), the four households are supplied with urban gas through the gas pipelines of this case, and the land of this case is a narrow side way between neighboring neighboring houses, and the removal of the gas pipelines of this case upon the plaintiff's request.