1. The defendant shall remove pipes listed in the attached list installed in the second floor E of the Guro-gu Seoul Metropolitan Government D Building.

2. The defendant.

1. Facts of recognition;

A. The Plaintiff is the owner of the second floor E of the Guro-gu Seoul Metropolitan Government D Building (hereinafter “E”), and the Defendant is the owner of the second floor F of the same building (hereinafter “F”).

B. In around 2013, the Defendant installed pipelines listed in the attached Table E (hereinafter “instant pipes”) in order to install air conditioners in F.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 2 and 3 evidence or images, the result of the appraisal commission to appraiser G, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the defendant installed the pipe of this case without permission of the plaintiff and obstructed the ownership of the plaintiff, the plaintiff is obligated to remove the pipe of this case and compensate the plaintiff for the damages suffered by the plaintiff.

According to the health team, evidence Nos. 6 and 7 as to the amount of damages that the Defendant is liable to compensate, and the purport of the entire pleadings, the Plaintiff may acknowledge the fact that the cost of KRW 670,00 is necessary to restore the ceiling, etc. damaged by the installation of the pipe to the original state.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 670,00 and the amount calculated by applying the rate of 12% per annum (the interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) from September 12, 2018 (the day after the delivery of a copy of the instant complaint) to the day of full payment.

3. Judgment on the defendant's assertion

A. Article 5(3) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) provides that “The sectional owner may request the use of another sectional owner’s section of exclusive ownership to the extent necessary to preserve or improve that section of exclusive ownership.”

An act of preservation may be called an act of installing air conditioners.

Article 218 (1) of the Civil Act provides that the owner of land cannot install the necessary gas pipes, electric wires, etc. or requires excessive costs without passing through another person's land.