The judgment of the court below is reversed, and the case is remanded to Daejeon District Court.

The grounds of appeal are examined.

1. In a case where the exercise of the right is intended to inflict pain and damage on the other party, and there is no benefit to the person who exercises the right, and there is no objective violation of social order, the exercise of the right is not allowed as an abuse of rights, and the subjective requirement that the exercise of the right is to inflict pain and damage on the other party can be ratified by objective circumstances, which show that the exercise of the right is an exercise of the right holder's legitimate interest. Whether the exercise of the right constitutes an abuse of rights should be determined

(See Supreme Court Decision 2003Da40422 Decided November 27, 2003; Supreme Court Decision 2010Da59783 Decided December 9, 2010; Supreme Court Decision 2014Da42967 Decided October 30, 2014, etc.). 2. Review of the records of this case reveals the following facts.

The Plaintiff is the owner of 132 square meters in a warehouse site C in Sejong-si (hereinafter referred to as “instant land”).

B. On April 19, 2004, the Defendant agreed to the total construction amount of KRW 22,460,070,000 when entering into a contract with the Defendant joining the Defendant on April 19, 200 for the Ddoing Facilities Works.

C. The Intervenor joining the Defendant, while carrying out the construction in accordance with the above contract, laid a water pipe on the 6.45 square meters (hereinafter “the instant part of the land”) adjacent to the road among the instant land, and installed the air valve room, etc. (hereinafter “instant facility”) and completed the construction around June 19, 2009.

The instant facilities are the water pipes and their accessory facilities with a diameter of 1.2 meters in diameter, which is 1.2 meters in diameter, from which water is supplied from the F to the Japanese territory of Chungcheongnam-si, Seosan-si, and Seosan-gun, Chungcheongnam-si, and Seosan-gun, and which are 270,000,000 won for the removal thereof.

3. The lower court, based on the following circumstances, filed a claim for the removal of the Plaintiff’s instant facilities and transferred the instant part of the land (A).