공작물철거
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Determination as to the cause of claim
A. The Defendant asserted that the instant land owned by the Plaintiff is using the pipe in supplying water for cultivation, such as D 2,840 square meters (hereinafter “Defendant’s land”) owned by the Defendant, which is adjacent to the said land, to lay underground the pipe of the instant land, and supply water for cultivation, such as D 2,840 square meters adjacent to the said land.
Therefore, the Defendant, as the owner of the instant land, has the duty to remove the pipe pipe of this case and deliver the land in the part where the pipe pipe was installed.
B. We examine the judgment of the court of this case. The evidence submitted by the plaintiff alone is insufficient to acknowledge that the pipes of this case are located in the land of this case, and there is no other evidence to acknowledge this. Rather, the results of the survey and appraisal conducted by the appraiser F, and the fact-finding conducted on the director of the Korea Intellectual Property Office Jinnam-do Headquarters of the Korea Intellectual Property Tribunal of this Court [it is alleged that the plaintiff cannot trust the above appraisal results, etc.], but the appraiser's appraisal results should be respected as long as there is no obvious error, such as the appraisal method, etc. against the rule of experience or unreasonable (see, e.g., Supreme Court Decision 2010Da93790, Nov. 29, 2012). Since there is no evidence to acknowledge that the appraiser F's appraisal method, etc. is contrary to the rule of experience or unreasonable, the above plaintiff's above assertion is not acceptable). Thus, it can only be recognized that all of the above part of the land and the above part are located on the defendant's land.
Therefore, the prior plaintiff's assertion on a different premise is without merit.
2. If so, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.