1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In the judgment of this court, the plaintiff filed a claim against the defendant for removal of the upstreams, etc. (2) The court of first instance dismissed the claim, and 2) partly accepted the claim.

Since the defendant only appealed, the scope of this court's trial is limited to the above claim.

2. The reasons why this court shall state this part of the basic facts are the same as the part on “1. Basic Facts” among the reasons of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure

3. The reasoning for the court’s determination as to the cause of the claim is as follows. This part of the reasoning for the court’s determination is as follows: (a) Nos. 3 through 43 of the judgment of the court of first instance; and (b) thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

▣ 제1심판결문 제3면 제16행 중 “이 판결 선고일인” “제1심판결 선고일인”

4. Judgment on the defendant's assertion

A. The Defendant revoked all other arguments except the assertion of waiver of exclusive rights to use and benefit in this Court.

The reasons why this Court shall state on this part are as follows, and it is identical to the entry in Chapter 5, Chapter 13, and Chapter 5, Chapter 5, Chapter 5, Chapter 5, Chapter 420, Section 4 of the Civil Procedure Act.

▣ 제1심판결문 제5면 제13행 중 "가 피고는” “피고는" ▣ 제1심판결문 제5면 제14행 중"아래 (2)2 가 항과 같이” “아래

나. 2) 가)항과 같이” ▣ 제1심판결문 제5면 제20행 중 “나) 이에 대하여 원고는” “이에 대하여 원고는” ▣ 제1심판결문 제6면 제1행 중 “아래 (2)2)가 항과 같이” “아래

(b) 2) as described in paragraph (a).

B. The reasons why this Court shall state this part of the judgment are as follows, and are set out in Sections 7 through 10, except for those written by the court of first instance.