1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 18, 1986, the Plaintiff’s building A (hereinafter “the network”) constructed the two-story housing of cement brick slives slives slives slives (hereinafter “Plaintiff’s housing”) on the A, Jinju-si, Jinju-si, and resided with the Plaintiff, the wife, and died on December 16, 2018, and the Plaintiff solely inherited the said housing.

B. On February 20, 2003, the Defendant’s building (1) E constructed two-story housing on the ground of F large 125 square meters on the ground (hereinafter “Defendant’s housing”). On December 12, 2014, the said housing was sold to G, and the Defendant purchased the said housing from G on March 22, 2017.

(2) On the wall of the main wall of one floor (69.05 square meters) among the defendant's housing, windows are installed in the direction of Dongnam, and on the wall of a small room abutting on the above main room, each of the above windows is installed in the direction of Dongbukbuk in the direction of the north (hereinafter referred to as "main window," "small-scale window," and each of the above windows is referred to as "the window of this case") and its detailed shapes are same as the right drawing.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3 (including paper numbers), all purport of oral argument]

2. The assertion and judgment

A. After acquiring the ownership of the Defendant’s housing on March 22, 2017, the Defendant illegally installed the instant windows on the middle of the wall surface of the first floor and the middle of the wall surface of the north, each of which was the first floor of the instant housing, and caused the Plaintiff to suffer pain exceeding the tolerance limit, and thus, the Defendant is obliged to take measures to close the instant windows, in accordance with Article 217 of the Civil Act, against the Plaintiff pursuant to Article 217 of the Civil Act.

(b) Determination (1) If it is objectively recognized that the owner of a parcel of land or a building has value as a single living benefit, such as landscape, view, lighting and pleasant religious environment, etc. he/she has previously enjoyed from before, it may be subject to legal protection, and thus, on the adjacent site.