1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff purchased the instant land in the public sale procedure conducted on February 22, 2012 and completed the registration of ownership transfer on May 4, 2012.

B. The instant land had a ditch of concrete material 88 square meters (hereinafter referred to as the “instant ditch”) on the part (a) of the ship, which connects the center to each point of (a), 2, 3, 4, 5, 6, 1, in sequence, of the attached drawings indicating 1, 2, 3, 4, 5, 5, 6 and 1.

C. The ditches of this case are installed by the Defendant, and are located at the bottom of 2.5 km from among the ditches consisting of a section of 3.5 km in total, and are used as the farm waterways of surrounding land.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, Gap evidence 7, 8, Eul evidence 6 and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the defendant establishes and uses the ditch on the land of this case owned by the plaintiff, and occupies the relevant part of the land, the defendant is obligated to remove the ditch of this case, barring special circumstances.

3. Judgment on the defendant's defense

A. The defendant asserted that he obtained the consent to the construction of ditches from the owner of the land of this case at the time of the construction of the ditches, but the evidence submitted by the defendant alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

The defendant's above assertion is without merit.

B. The defendant defenses that the removal of the ditch of this case cannot be permitted as an abuse of rights. Thus, the defendant merely tried 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 viewed that it violates social order objectively, the exercise of the right is not allowed as an abuse of rights, and the exercise of the right causes pain or damage to the other party.