1. The Defendant’s KRW 21,219,00 for the Plaintiff and 5% per annum from August 15, 2014 to August 16, 2018.

1. Facts of recognition;

A. The Plaintiff is the owner of a multi-household house with the fourth floor of the above 4th floor of the building, and is residing in Songpa-gu Seoul Metropolitan Government 233.2 square meters and above ground reinforced concrete structure.

The defendant is the owner who purchased the Songpa-gu Seoul Metropolitan Government D site and building on January 2014 and demolished the Gu building and constructed a new building listed in the attached Table 1 on the real estate list.

B. The Defendant-owned building adjoins to the building owned by the Plaintiff and southwest, and the Plaintiff-owned building was commenced on July 2001 and approved for use on December 11, 2001. The Defendant-owned building was commenced on February 28, 201 and was approved for use on July 28, 201.

C. On August 15, 2014, the Defendant extended a total of 13.5 square meters of a building owned by the Defendant, 36 square meters, 401 square meters, 26 square meters, 402 square meters, 501 square meters, 8.75 square meters, 502 square meters, 8.75 square meters, and 28 square meters of a rooftop, without permission from the competent authority.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1-1 to 10, appraiser E and F respectively, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the height of the building owned by the defendant increases due to the increase of the building owned by the defendant, the distance of the building owned by the defendant and the building owned by the plaintiff, and that as a result, the plaintiff's living benefits, such as sunshine and view, such as the plaintiff's sunshine, etc., are infringed to exceed the tolerance limit, the plaintiff asserts that he claim to remove the portion illegally extended to the defendant around the defendant, and as a preliminary claim to pay damages for mental damages caused by the decline in the market price of the building, KRW 11,219,00,000,000, for mental damages caused by the obstruction of view.

As to this, it is difficult to see that the infringement of the plaintiff's sunshine due to the defendant's new construction of a building exceeded the tolerance limit, and the defendant's building owned by the defendant was constructed at least 1.5 meters away from the separation distance under the Building Act, while the plaintiff's building owned by the plaintiff was constructed without holding at least 1.5 meters away from the separation distance.