1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. The Plaintiff’s status, etc. 1 E and B, etc. are attached on September 12, 2008

1. Each one half of the shares of the building listed in the list (hereinafter referred to as “instant building”) has been completed.

2) On July 2, 2014, the Plaintiff completed the registration of ownership transfer based on the division of property on January 9, 2014 with respect to E’s 1/2 shares among the instant buildings. (B) On March 20, 2014, the Plaintiff and B obtained from the Defendant the electric generation business license to operate solar power generation business on the rooftop of the instant building.

2) On April 15, 2014, the Plaintiff obtained permission from the Defendant to install solar power generation facilities on the rooftop 398 square meters of the instant building. (C) The Plaintiff installed a pole and a beams in accordance with the height of the fourth floor on the third floor of the instant building (the part on which the fourth floor public bath of the instant building is not constructed on the upper floor of 420.18 square meters of a multi-story house of 187.68 square meters), and installed a slab roof (hereinafter “instant slab”).

2) Meanwhile, at the time of completion of the instant building, one story height was installed on the third floor rooftop, and its windows were installed on the third floor rooftop. 3) The Plaintiff installed a pole on the fourth floor of the instant building and the instant slab, and installed solar light mortars on which the Plaintiff issued a certificate of completion of permission for development of solar power generation facilities to the Plaintiff on January 19, 2015.

The Defendant’s corrective order, etc. 1) On November 20, 2014, the Defendant refers to a space with the third floor area of the instant building and 72 square meters of the area for unauthorized extension of the third floor of the instant building and the rooftop unauthorized extension (the third floor of the instant building where the instant slab is installed).

For the convenience below, the Defendant’s portion of unauthorized extension on the rooftop as specified.

On December 22, 2014, the Plaintiff issued a corrective order to voluntarily remove the area of 191.8 square meters, and the Plaintiff did not comply with the corrective order.