A. The Plaintiff is the owner of the second floor of the ground located in Seongbuk-gu, Sungnam-si (hereinafter “Plaintiff’s Housing”). The Defendant is the owner of the first floor underground and second floor of the second floor of the ground located in Sungnam-gu, the area adjacent to the building side of the Plaintiff’s Housing, and the owner of the second floor of the ground (hereinafter “Defendant’s Housing”).

B. Around September 24, 2012, when the Plaintiff constructed the Plaintiff’s housing and resided in the registration of preservation of ownership on March 22, 2010, the Defendant began to construct the Defendant’s housing and obtained approval for use on May 9, 2014, and after completing registration of preservation of ownership on July 8, 2014, the Plaintiff is residing in the said housing.

C. On the wall side of the defendant's house, the front side of the building of the plaintiff's housing, the wall side of the defendant's house, ① 62 cm wide, 527 cm high, and 527 cm high (hereinafter "this case's 1 window"), the windows indicated in the attached drawings of the 54 cm high, 196 cm high and 196 cm high (hereinafter "the 2 window of this case") are the windows indicated in the attached drawings of the 107 cm high, 152 cm high (hereinafter "the 3 window of this case"), and ④ the windows indicated in the attached drawings of the 103 cm high and 270 cm high (hereinafter "the window of this case") in the dwelling space of the 1st floor.

Plaintiff

The boundary between the housing site and the defendant's housing site is divided into trees with a height of 150cm. Of the above boundary lines, the nearest part of the wall of the defendant's housing site is 50cm, and the remote part is 153cm away.

[Basic Facts] Facts without dispute; Gap evidence 1 to 16; Eul evidence 1 to 8 (including numbers; hereinafter the same shall apply) and images; the result of the examination by this court; the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1 by the parties concerned is that the distance between the two sides of the Defendant’s house and the boundary between the site is less than 2 meters, and that of the Defendant’s building.