A. Attached 1 (hereinafter “instant building”) is a business facility and a collective living facility building consisting of the 7th underground and 19th ground. Plaintiff A is a 101st floor above the instant building, Plaintiff B is a 105th floor above the instant building, and Defendant C is a sectional owner holding each of the 1st floor above the ground of the instant building (hereinafter “instant store”). Defendant D leased the instant store from Defendant C around July 30, 2012 and operated an authorized brokerage office at the instant store from around that time.

B. The outer wall of the part where the instant store is located on the ground of the first floor of the instant building is not adjacent to the airspace above the underground floor.

However, at around 2004, the owner of the instant store and the lessee arbitrarily removed the outer wall of the part of the outer wall of the instant store, which connects each point, and then installed an entrance of size 87 cm wide and 213 cm high (hereinafter “instant entrance”) at that place, and installed a bridge structure connecting the instant entrance with the ground above the ground above the underground floor (hereinafter “instant structure”).

C. The entrance and structure of the instant building are used exclusively or exclusively for access to the instant store immediately from the outside of the instant building.

On the other hand, E, a sectional owner of the instant building, filed a lawsuit against the Defendants claiming the removal or prohibition of use of the instant structure, or indirect compulsory performance on December 7, 2016.

On the other hand, the court of first instance shall order Defendant C to remove the structure of this case, and order Defendant D to make an indirect compulsory payment of the amount calculated by the ratio of KRW 300,000 per month from the date of the violation of the duty to prohibit the use of the structure of this case and to the end of the violation.