1. The part of the judgment of the court of first instance against the defendant against the designated person AM orN shall be revoked, and such part shall be applicable to the revoked part;

1. Facts of recognition;

A. The Plaintiff et al. is the owner of each of the relevant households indicated in the “Ftel” column of the attached claim No. 2 list of the “D” apartment located on the ground of Busan Jin-gu, Busan (hereinafter “Plaintiff apartment”), and the Defendant is also the owner of the building who newly constructed the “Ftel” officetel located on the ground of Busan Jin-gu, Busan (hereinafter “Ftel”) adjacent to the south from the Plaintiff apartment.

B. The plaintiff's apartment complex was composed of 35 stories above ground, 2 Dongs, and 511 units above ground, and the registration of preservation of ownership was completed around September 22, 2005.

C. Around October 6, 2009, the Defendant obtained a building permit for the instant officetels with the size of 15 stories underground and 15 stories above ground. Around December 31, 2010, the Defendant commenced the construction of the instant officetel, and obtained approval for the use of the instant officetel around June 28, 2017.

Plaintiff

Apartments are located across a general commercial area and a general residential area, and the officetels in this case are located within a general commercial area.

E. Before and after the construction of the instant officetel, the hours of sunlighting as of the same day of the household owned by the Plaintiff et al. among the Plaintiff’s apartment units were changed as indicated in the “Myun’s Infringement Analysis Table”, and the view rate and the “Myun” rate were changed as indicated in the “Myun’s Infringement Analysis Table.” After the construction of the instant officetel, the degree of privacy invasion is as indicated in the “Myun’s Infringement Analysis

[Ground of Recognition] A did not dispute, and the Plaintiff A amended the amendment as of January 17, 2020.

2, 5 evidence, Eul evidence 8, 11 (including branch numbers for those with additional numbers; hereinafter the same shall apply) or images, the result of the request for the appraisal and supplementation to the appraiser G of the court of first instance, the purport of the whole pleadings.

2. The parties' assertion

A. Since the Defendant’s assertion 1 infringed the Plaintiff’s right to enjoy sunshine by newly building the instant officetel, the Defendant, the implementer of the instant instant officetel, exceeded the tolerance level under the social norms.