1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

1. Basic facts

A. Attached Form

2. A building indicated in the list (hereinafter “instant building”) is a main complex building with the 5th underground floor and the 12th floor above the ground, and is used as an apartment building with 75 households from the 2nd floor to the 12nd floor above the ground (hereinafter “instant apartment building”), and as a sales facility and neighborhood living facilities from the 2nd floor below the ground to the 1st floor above the ground (hereinafter “instant commercial building”).

In the first floor of the commercial building of this case, there is a sports center on the underground floor, and there is a hot spring facility operated by Defendant B Co., Ltd (hereinafter “Defendant hot spring company”) on the second underground floor.

B. (1) Snicking is a cover of "snick shape" with the entrance of the first floor sports center of the underground floor, the second floor hot spring of the underground floor, and alinium material installed on stairs. (2) In the outer unit of the building of this case, approximately 11m installed on the flower part of the lower part of the building of this case x 2m x 3.25m (Gain x height x ; hereinafter the same shall apply) x the outer unit of the alinium new alinium and sand position panel of this case. (3) In the outer unit of hot spring of this case, the outer unit of hot spring is about 10m x 2.8m x 4.7m x 4.7m m x 8.1m 6.6m x 6.7m x 15m m of hot spring water on the upper part of the building of this case x 1m 5m of hot spring water of this case.

C. On November 18, 2005, the instant building was registered in the aggregate building ledger. Among each of the above facilities, hot spring actual equipment, hot spring water drainage tank is a facility already existed at the time of completion of the instant building, and it is a facility that has been used until now since the H corporation, which built and sold the instant building to a sunken area, was built at the time of completion.

Defendant A Co., Ltd. (hereinafter “Defendant A”) merged H Co., Ltd. on September 6, 2006, and Defendant Hot Spring Co., Ltd was established by division from Defendant A on January 13, 2010.

E. The defendant hot spring company in this case.