1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

1. The grounds for the judgment on the basis of facts, determination on the claim for prohibition of flowing water, and this part of the judgment on the claim for damages are as follows: (a) 6 to 18, the second 6 to 4, and the third 4 to 17, respectively; and (b) see it as they are in accordance with the main sentence of Article 420 of

(The first instance court's findings and determination on this part of the evidence presented by the Plaintiff in this court, even if the evidence was presented in addition to the evidence duly admitted and examined by the first instance court, is justifiable).

(a)the right to claim the removal of disturbance based on ownership under Article 214 of the Civil Code, recognized for the removal and prevention of such disturbance where the ownership is impeded or is likely to be impeded, should be exercised to the other party with regard to the person in a position controlling the situation of such disturbance;

(see, e.g., Supreme Court Decision 2005Da54951, Sept. 20, 2007). “Obstruction” in a claim for exclusion of disturbance based on ownership means an infringement that continues to exist in the present, and is different from the concept of “damage” in cases where infringement of legal interests occurs in the past and has already been terminated.

Therefore, the right to claim the removal of interference based on ownership shall not include the removal of the result of the interference (it shall be considered as the area of compensation for damage) and the removal of the cause of the interference which is currently continued.

(See Supreme Court Decision 2003Da5917 Decided March 28, 2003, etc.). In order for an article to be recognized as being consistent with a real estate to be attached to a real estate, it should be determined by taking into account whether it was attached to an extent that it is impossible to separate the article without causing damage or excessive expenses, and whether it can be an object of transaction separate with economic utility independent from existing real estate in its physical structure, use and function, and whether it can be an object of transaction separate from existing real estate. The Civil Act does not require that it be attached to the title.