1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 3, 2011, the Plaintiff is a sectional owner who completed the registration of ownership transfer with respect to 315 square meters (hereinafter “instant real estate”) among the 12th and 5th underground floors D buildings located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”), and the Defendant is a sectional owner of the fourth floor of the instant building.

B. The ceiling of the instant real estate is being treated with tin-to-face 2 (total 19mmm) with a thickness of 9.5m, and an open space in the ceiling (hereinafter “the ceiling space in this case”) with a height of 1.5m from the math (tin-to-face) to the ceiling slab bars (hereinafter “the ceiling space in this case”), such as ventilation and air conditioners, fire pipes, etc. are installed.

C. On February 2 to 3, 2012, the operator of the E Hospital leased the fourth floor of the instant building from the Defendant made two toilets equipped with both sides and three sides on the upper part of the instant real estate from among the fourth floor of the instant building with the Defendant’s consent, and performed installation of two toilets for sewage pipes with a diameter of 100 meters in diameter (hereinafter “each hole of this case”), four holes for drainage pipes with a diameter of 50 meters in diameter (hereinafter “construction works of this case”), and one pipe for sewage pipes with a diameter of 100 meters connected each hole of the instant water pipes to the ceiling space of this case, and one pipe for water pipes with a diameter of 75 meters in diameter connecting each pipe for drainage (hereinafter “construction works of this case”). The construction works of this case”).

【Reasons for Recognition】 Evidence Nos. 2, Evidence Nos. 4-1 to 5, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. (1) The part corresponding to the floor of the fourth floor of the instant building, which is the ceiling of the instant real estate, is a combination between the Plaintiff and the Defendant’s respective sections for exclusive use. Since the lower floor is the Plaintiff’s section for exclusive use, the Defendant’s alteration of the scope exceeding the Defendant’s section for exclusive use by drilling sewage pipe construction up to the lower floor.