The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. Where a landowner’s act of installing structures on his/her own land constitutes an abuse of rights in relation to the owner of a neighboring building; accordingly, if the use and profit-making of the neighboring building substantially infringed upon by the owner of the neighboring building, the owner of the neighboring building may seek removal of the structures against the landowner by exercising the right to claim removal of interference with the ownership of the building;

On the other hand, if the exercise of the right is intended to cause pain and damage to the other party, and there is no benefit to the person who exercises the right, and if it can be seen that it violates the objective social order, the exercise of the right is not allowed as an abuse of rights, and the subjective requirement for the exercise of the right can be confirmed by objective circumstances that show that the exercise of the right holder's right lacks legitimate interest. Whether the exercise of the right constitutes abuse of rights or not should be determined based on individual and specific cases.

(2) According to the reasoning of the lower judgment on December 9, 2010 (see, e.g., Supreme Court Decision 2010Da59783, Dec. 9, 2010). 2, the lower court: (a) as the former owner of the land and the part of the building indicated in the attached list of the lower judgment (hereinafter “E”) (hereinafter “instant containers”); (b) used the instant containers as the road and the parking lot on the entrance of the instant containers; and (c) on August 10, 2006, F, a director of the E company, completed the registration of ownership transfer with respect to the instant land; and (d) completed the registration of ownership transfer again to the Defendant on the same day; and (e) the Plaintiff purchased the instant containers in the process of selling the instant real estate by Jinwon District Court on June 9, 2011.