1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following 2. Appellate or added parts.

2. Parts to be dismissed or added are as follows: 20 to 3rd 8 pages of the judgment of the court of first instance, the second 20 to 3rd 8.

Article 216(1) of the Civil Procedure Act provides that a subsequent suit which is identical to a prior suit that has res judicata effect shall not be permitted, and even if the subject matter of the prior suit is not identical to that of the prior suit, if the judgment on the subject matter of the prior suit is prior to or contradictory to the judgment on the prior suit, the subsequent suit does not allow any assertion different from the judgment on the prior suit (see, e.g., Supreme Court Decision 2000Da47361, Dec. 27, 2002). A final and conclusive judgment has res judicata effect only on those contained in the text (see, e.g., Article 216(1) of the Civil Procedure Act), and a defense determined in the reasoning of the judgment cannot be said to have res judicata effect, except in the case of a counterclaim."

In addition, according to the above evidence, the plaintiff asserted that the defendant's request for removal of the above building constitutes abuse of rights for the same reasons as the cause of the claim in this case, but rejected it.