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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the court's explanation concerning this case is that, except for adding the following judgments to Chapter 17, the part of the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, i.e., the reason for admitting this case is that "the installer shall be the person who has installed the judgment." The "at present, the person who jointly operates the women's clothes in the trade name," "M," and, at present, the following judgments are added."
【Supplementary Note: (B) Although there are other entrances available to the Plaintiffs or the tenants of the commercial building owned by the Plaintiffs, the Plaintiffs may enter the commercial building without any particular obstacle, the Plaintiffs seek removal of materials and air bags, etc. and delivery of land against the Defendants from the perspective of a long dispute with Defendant D. In this regard, the Defendants asserted that these claims constitute abuse of rights.
If the exercise of the right to lives subjectively causes pain and damage to the other party, and there is no benefit to the person who exercises the right, and it can be objectively viewed that it violates the social order, the exercise of the right is not allowed as an abuse of right, and the subjective requirement that the exercise of the right causes pain or damage to the other party can be ratified by objective circumstances shown by the exercise of the right holder's legitimate interest. Whether the exercise of the right constitutes an abuse of right should be determined by individual and specific cases.
(see, e.g., Supreme Court Decision 2010Da59783, Dec. 9, 2010). Each of the descriptions and images submitted by the Defendants to the Health Center (hereinafter “Health Center”) with respect to the instant case is to seek removal of Aluminium materials, air conditioners, etc. and delivery of land against the Defendants while filing the instant lawsuit.