2. The plaintiff's primary claim and the remainder of the conjunctive claim.

A. The Plaintiff is a person who owns and resides in a multi-household house with the 1st underground and the 2nd ground above the Gangseo-gu Seoul Metropolitan Government D ground, and the Defendant is a person who owns a multi-household house with the 3rd ground above the 1st ground above the adjoining Seoul Gangseo-gu Seoul Metropolitan Government

B. In around 2016, the Defendant, without obtaining permission from the competent authorities, extended part of the boiler rooms of the third floor of the Defendant’s building, and constructed the extension of the “extension building” part indicating the annexed drawings.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 13 (including paper numbers) and the purport of the whole pleadings

2. Due to the part of the extension building of this case extended by the Defendant, the Plaintiff had the right to enjoy sunshine previously enjoyed exceeded the tolerance limit.

Therefore, the defendant is obligated to remove the parts of the extended building of this case to the plaintiff, and if the said parts are not removed, the defendant is obligated to pay 60 million won as compensation for damages.

3. Determination

A. As to the infringement of the right to sunshine, if a land owner's right to enjoy sunshine has value as an objective living benefit, it may be legally protected. However, in the event that the number of sunlight to be enjoyed in the land is reduced due to the increase of sunlight, that is, the number of sunlight that occurred due to the increase of sunshine in the vicinity of the building or structure, the construction act is assessed as an illegal and harmful act beyond the scope of legitimate exercise of the right to enjoy sunshine, in full view of all the circumstances such as the degree of sunlight, damage interest, legal nature of the damaged building, the use of the damaged building, the regional nature of the damaged building, the right to use the land, the possibility of preventing and avoiding damage, the possibility of preventing and avoiding damage, and the progress of negotiations under the social norms, if generally exceeds the acceptable limit of the land owner's right to enjoy sunshine (see Supreme Court Decision 200Da15388, May