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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiffs, as married couple, are the single-family houses of 24.63m2 and 132.85m2 on the ground of the first floor located underground in Gyeyang-gun, Gyeonggi-do (hereinafter “the instant Plaintiffs’ housing”).
(2) On May 29, 2010, each of the 1/2 shares of the Defendants was registered on May 10, 2010, and the Defendants were residing in the housing of this case from around the date of the registration of initial ownership to the date of the above registration of initial ownership. 2) The Defendants, as married couple, are living in the Defendants’ housing of this case from May 29, 2012, with respect to detached houses of 15.62 square meters on the ground and 120.28 square meters on the ground located in Yangyang-gun, Gyeonggi-do located adjacent to the housing of this case (hereinafter “the Defendants’ housing”).
B. The developments leading up to the construction of the Defendants’ housing and its surrounding environment 1) the neighboring housing sites including the Plaintiffs’ housing and the Defendants’ housing were sold by the landowner in installments 21 lots. While the Plaintiffs’ housing site in this case was an irregular slope near to the fixed-type square. On the other hand, the Defendants’ housing site in this case constitutes a highly slope with a considerable portion of the remaining portion of the debt in the shape of Hori path. The location map of each site and each house is as follows. (2) Meanwhile, the Defendants initially constructed the instant housing on the second floor and used the instant housing with the second floor as a parking lot, etc. due to damp, the first floor was extended to the housing of 98.19 square meters after the completion of construction, and leased it to a third party.
3) At present, the Plaintiffs’ housing and the Defendants’ housing are located in the planned management area, and a large number of houses are located in the neighboring areas. (c) The Plaintiffs, including the establishment of the Plaintiffs’ civil petition filing and the installation of the screen facilities, etc. (1) After the Defendants moved into the Defendants’ houses, hosting them into the windows of the Defendants’ housing.