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 court of first instance’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the following, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A part to be added, which is a ground of the judgment of the first instance.

B. 2) The following must be added at the end of paragraph (2). Then, the Plaintiff’s appraisal result is respected as long as the appraisal method, etc. is contrary to the empirical rule or unreasonable (see, e.g., Supreme Court Decision 2010Da93790, Nov. 29, 2012) and the first instance court’s entrustment of appraisal to G companies (appraisalH) in the first instance court with the opinion that “it is adequate to install concrete draining pipes on the upper part of the retaining wall of concrete on the part of the Plaintiff’s land and the Defendant’s land.” As such, such appraisal result should be respected. 2) The Defendants’ banking work is “an act affecting the opening of irrigation hole of adjoining land,” and thus, the Defendants did not obtain permission for development activities under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 51(1)3 and 51(2)1 of the Enforcement Decree of the same Act, and thus, did not require permission for development activities.

However, in the civil procedure, the result of the appraiser's appraisal is only one of the methods of evidence, and the judge can judge the result differently from the result of a specific appraisal by a free judgment by integrating all the evidences in the case in question, and the parties can also dispute the legitimacy of the result of the appraisal through the assertion and admission.

(See Supreme Court Decision 2001Da27777 delivered on June 28, 2002, etc.). According to the result of the first instance court’s commission of appraisal to G companies (Appraiser H), appraiser H is required to fill up the law when maintaining and managing the company in its present condition.