1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance.

1. Facts of recognition;

A. The Plaintiff (Appointed Party), as well as the rest of the designated parties (hereinafter collectively referred to as the “Plaintiffs”), are owners of Loneion 201 (D), 202 (A, 203 (E), 301 (M), 303 (G), 401 (H), and 502 (J), and the Defendant is owners of L Manion 402 (J).

B. Loneion is a building in appearance, such as the attached drawing, and the part on the rooftop corresponding to the roof of 303 (hereinafter “instant rooftop”) and the rooftop corresponding to the roof of 501 and 502, inasmuch as the part on the top floor of 303 and the part on the top floor of 501 and 502 are in the shape of stairs, it is a structural single building, although there are separate parts on the rooftop corresponding to the roof of 303 and 502.

C. The instant rooftop part is a space that occurred due to the application of the right to sunlight, and an entrance and exit door was installed to enter the above rooftop part from Linmana 402.

After completing the registration of ownership transfer on February 5, 2008, the Defendant installed, without permission on May 2008, the provisional building stated in the purport of the above claim (hereinafter “instant provisional building”) without permission on the rooftop part, and occupied the above rooftop part.

【Ground of recognition” without any dispute, Gap evidence 2, Gap evidence 3-1 through 9, Gap evidence 4-1 through 10, Eul evidence 3-2, and the purport of the whole pleadings and arguments

2. The parties' assertion and judgment

A. The gist of the parties’ assertion 1) The Defendant abused the Plaintiff’s access to the instant rooftop only through Linstash 402, and remodeled the main entrance to the instant rooftop, which was installed as a part of the instant rooftop, and installed and occupied the instant building on the instant rooftop, which is an illegal common section, and thus, is obliged to remove the said provisional building.