구조물철거 및 토지인도
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. The reasoning of the judgment of the court of first instance cited the reasoning of this case is as follows. Thus, it is identical to the corresponding part of the judgment of the court of first instance other than using the fourth-eight or nine-nine of the judgment of the court of first instance as follows. Thus, it is acceptable to accept this as it is by the main sentence of Article 420 of the Civil Procedure Act
Considering that the above ground of this case is an essential and important facility for military purposes, and that the plaintiff's claim of this case is an abuse of rights. Thus, if the plaintiff's claim of this case is acknowledged by the purport of the whole pleadings (including a fact that there is no dispute), but the plaintiff's claim of this case can be seen as an abuse of rights, the subjective purpose of the exercise of rights is to inflict pain on the other party and to inflict losses on the other party, and there is no interest on the other party, and the exercise of rights can be objectively viewed as a violation of social order. If it does not fall under such a case, even if the plaintiff's claim of this case is considerably high to inflict losses on the other party than the profits that the plaintiff obtained by the exercise of rights, it cannot be viewed as an abuse of rights (see, e.g., Supreme Court Decision 2002Da22083, 22090, Sept. 4, 2002).
2. The conclusion is that the plaintiff's claim of this case is reasonable, and the judgment of the court of first instance is with the same conclusion.