1. The plaintiff's appeal is all 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. Basic facts

A. Defendant A purchased D’s land on June 20, 207 (hereinafter “instant land”) and completed the registration of ownership transfer on January 29, 2009. The Plaintiff is a contractor who executed a multi-family housing construction project (hereinafter “instant construction project”) on the land immediately adjacent to C and two parcels of the instant land.

B. On December 5, 2015, Defendant B, the mother of Defendant A, damaged the entrance part of the drainage pipe laid underground on the instant land (hereinafter “instant drainage pipe”).

C. The Plaintiff filed a complaint against Defendant B with the obstruction of business and the damage of property, but on July 29, 2016, at the Goyang Branch Office of the Government's Goyang Branch Office, the Plaintiff was suspected of having received a disposition on the ground that “the entrance of the drainage pipe damaged by Defendant B was laid underground in the instant land and there is no evidence to acknowledge that the Plaintiff's business was obstructed by Defendant B's act, and there is no evidence to prove that the Plaintiff's business was obstructed by the act of Defendant B.”

At the time of the first instance court’s on-site inspection, the ground of the instant land had a pentice installed.

E. On September 22, 2016, the Plaintiff filed a provisional disposition against Defendant B and E, which prohibits the obstruction of drainage pipes with the Goyang District Court 2016Kahap5055, but was dismissed on September 2, 2016.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 4, 7, and 8 (including branch numbers; hereinafter the same shall apply), the result of the on-site inspection by the first instance court, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that Defendant A, as the owner of the instant land, bears the duty of winning water of excellent water naturally flowing from the near Filum (hereinafter “F excellent”).

However, Defendant B, the mother of Defendant A, destroyed the connection part of the instant drainage pipe so that he could not construct the connection of the F excellent drainage pipe from the instant construction site (hereinafter “Plaintiff”) to the drainage pipe.