1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 6, 1965, the Plaintiff completed the registration of ownership transfer with respect to 1/2 shares of 858 square meters (hereinafter “instant land”) out of the 858 square meters (hereinafter “instant land”). On July 12, 197, the Plaintiff completed the registration of ownership transfer with respect to the remaining 1/2 shares among the instant land.

B. Of the instant land, the Defendant packages part (A) of the size of 271 square meters on a ship, which was successively connected to each point of 4 through 8, 20, 21, 21, 10 through 13, 22 through 27, and 4, among the instant land, as a ice container, and the part (a) of 271 square meters on the said ship (hereinafter “the instant road”) is used as a road.

[Ground of recognition] Evidence No. 1-1, Evidence No. 1-3, Evidence No. 1-2, Evidence No. 2-1, 2, 7-10, the result of the on-site verification by this court, the result of the appraiser C’s survey and appraisal, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it can be said that the defendant's packaging on the instant road owned by the plaintiff and offering it to the general public for traffic.

Therefore, barring special circumstances, such as that the Defendant has a legitimate possessory right holder, the Plaintiff is obligated to remove the ice package and deliver the road of this case to the Plaintiff.

3. The defendant's assertion argues that the removal and request for extradition of the plaintiff's ice packaging of the road of this case constitute abuse of rights.

In contrast, if the exercise of the right is to inflict pain and damage on the other party, and there is no benefit to the person who exercises the right, and if it can be objectively viewed that it violates social order, the exercise of the right is not allowed as an abuse of rights, and subjective requirement for causing pain or damage to the other party can be ratified by objective circumstances that can be seen as exercising the right that lacks legitimate interest of the right holder. Whether the exercise of the right becomes an abuse of rights is individual and individual.