1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 9, 1996, the Plaintiff completed the registration of ownership transfer based on sale on March 8, 1996, with respect to D & D 9 square meters (hereinafter “instant land”).

나. 이 사건 토지의 지하에는 피고가 관리하는 별지 도면 표시 ㅂ,ㅅ,ㅇ,ㄱ1,ㅎ,ㅌ,ㅁ1,ㄹ1,ㄷ1,ㄴ1,ㅂ의 각 점을 차례로 연결한 선내 (가)부분 13㎡ 하수도관, ㄱ1,ㅊ,ㅋ,ㅎ,ㄱ1의 각 점을 차례로 연결한 선내 (나)부분 2㎡ 하수도관, ㅅ1,ㄷ1,ㄹ1,ㅂ1,ㅅ1의 각 점을 차례로 연결한 선내 (다)부분 3㎡ 오폐수시설, ㅅ,ㄴ,ㅈ,ㅇ,ㅅ의 각 점을 차례로 연결한 선내 (라)부분 3㎡ 하수도관(이하 위 각 하수도관과 오폐수시설을 통틀어 ‘이 사건 하수도관’이라고 한다)이 있다.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, result of appraiser's appraisal, purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to remove the instant sewerage pipes and deliver the instant land to the Plaintiff, except in extenuating circumstances.

B. As to the Defendant’s assertion, the Defendant asserts that the former owner of the instant land renounced the exclusive and exclusive right to use and benefit from the instant land, and that the effect of the waiver was succeeded to the Plaintiff, as well as that of the Plaintiff’s claim constituted abuse of rights.

In full view of the descriptions of evidence Nos. 1, 2, and 1 through 10, appraisal results, and the whole purport of the arguments by the appraiser, the sewerage officer of this case is established by the former owner of the land of this case and the neighboring land owners before the plaintiff acquired the ownership of the land of this case. In fact, it is impossible to remove the sewage pipe of this case to relocate the sewage pipe to a place other than the land of this case because it is virtually impossible for the plaintiff to remove the sewage pipe of this case.