1. Revocation of the first instance judgment.

2. The Defendant indicated in the attached Form No. 4, 5, 6, 9, among the land size of B 1,525 square meters in Seoul Special Self-Governing City.

1. According to the purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, it is recognized that the plaintiff is the owner of B forest No. 1,525 square meters (hereinafter “instant land”), and that the defendant has installed and used the waterway (hereinafter “instant waterway”) on the part (B) in the ship connected each point of the attached map No. 4, 5, 6, 9, 10, 11, 12, and 4 among the instant land in order to each point of the attached map No. 4, 5, 6, 10, 11, 12, and 4 among the instant land.

According to the above facts, the defendant is obligated to remove the waterway of this case to the plaintiff and deliver the installation part of the waterway to the plaintiff, except in extenuating circumstances.

2. The defendant's argument that the defendant's request for removal and delivery of the part concerning the installation of the waterway (hereinafter "claim of this case") constitutes abuse of rights and thus should not be allowed.

In order for the exercise of the right to be an abuse of the right, the objective of the exercise of the right is to give pain to the other party and to inflict damages on the other party, and there should be no benefit to the person who exercises the right, and objectively, the exercise of the right should be deemed to be in violation of social order. Unless it falls under such a case, even if the loss of the other party is significantly higher than the profit the person has gained by the exercise of the right, it cannot be said that the abuse of the right

(Supreme Court Decision 201Da12163 Decided April 28, 201). According to the respective statements in the Evidence Nos. 2 and 5, the result of the on-site inspection by the court of the first instance, and the overall purport of the pleadings, ① the waterway passing through the instant waterway (hereinafter “instant waterway”) is installed for the purpose of supplying agricultural water from the D reservoir located in the Sinju City to the local farmland, and ② the Plaintiff seeks to newly construct a detached house on the instant land, and the passage of the instant waterway is from the original city E to the original city.