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. Basic facts

A. On January 6, 1965, the Plaintiff completed the registration of ownership transfer with respect to 1/2 shares of 858 square meters (hereinafter “instant land”) out of the 858 square meters (hereinafter “instant land”). On July 12, 197, the Plaintiff completed the registration of ownership transfer with respect to the remaining 1/2 shares among the instant land.

B. Of the instant land, the Defendant packages a part of 174 square meters in a ship (A) which is successively connected to each of the points of the attached drawings Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 174 square meters in a container, among the instant land, and is used as a road.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1, Eul evidence 1-3, evidence 1-2-1, 2, 7 through 10, result of the on-site verification by this court, result of the survey and appraisal conducted by appraiser E, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it can be said that the defendant's packaging on the instant road owned by the plaintiff and offering it to the general public for traffic.

Therefore, barring special circumstances, such as that the Defendant has a legitimate possessory right, the Plaintiff is obligated to remove the package and deliver the instant road to the Plaintiff.

3. The defendant's assertion argues that the removal and request for extradition of the plaintiff's ice packaging of the road of this case constitute abuse of rights.

However, if the exercise of the right is to inflict pain and damage on the other party, and there is no benefit to the person who exercises the right, and if it can be objectively viewed that it violates social order, the exercise of the right is not allowed as an abuse of rights, and subjective requirement to inflict pain and damage on the other party can be ratified by the objective situation that lacks legitimate benefit of the right holder, and what kind of exercise of the right becomes abuse of rights.