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 citing the reasoning of this case is as stated in the reasoning of the judgment of the court of first instance, in addition to determining the defendant's argument about this case in addition to the following additional determination, and thus, it shall be quoted in accordance with the main sentence of

2. The defendant asserts in the appellate trial that the plaintiff's seeking removal of fences and warehouses and delivery of land against the defendant constitutes abuse of rights.

However, if the exercise of the right is a subjective purpose to inflict pain or damage on the other party, and there is no benefit to the person who exercises the right, and if it can be objectively deemed that it violates social order, the exercise of the right is not allowed as an abuse of rights (see Supreme Court Decision 2010Da59783, Dec. 9, 2010). However, the exercise of the right to claim removal and transfer of the right against the defendant who possessed the land of this case by the plaintiff who is the owner of the land of this case cannot be deemed to inflict pain or damage on the other party, or to violate the social and economic purpose of the right without any justifiable benefit. Thus, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case should be quoted on the ground of its reasoning, and the judgment of the court of first instance is justified on the ground of its conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.