1. Of the judgment of the first instance court, the part against the defendant and the intervenor in excess of the following order of payment.

Basic Facts

On the ground of 10.6 square meters in Changwon-si, Seowon-si (hereinafter “instant D”) and 200.8 square meters in E, 200 (hereinafter “instant E land”), 401 square meters exist on four floors other than the three-story buildings listed in attached Table 2 at the time of approval for use. However, on the aggregate (unit area: 26.04 square meters) of the instant building and the section for exclusive use (unit size: 26.4 square meters) of 11 underground floors, 196.7.04.812, 101, 74.18.32, 104.5, 102, 49.49, 106.4, 196.74.4, 207.6.4, 196.4, 26.74, 26.4, 207, 196.4, 2016.

The Plaintiff is the owner who completed the registration of transfer of ownership based on sale on January 8, 2014, as of January 9, 2014, 44561/5, 5300 of the instant land, and 201 and 401 of the instant building.

Meanwhile, with respect to the shares of 21.4778/6 of the instant land and 101 of the instant building, the Defendant completed the registration of ownership transfer and owned it on or before August 16, 2010. The Defendant’s number intervenor completed the registration of ownership transfer on or after October 21, 2016 and owned it until now.

On July 10, 2014, the head of Changwon-si, Changwon-si, issued a corrective order to the Plaintiff to rectify the violation by August 29, 2014, as the Plaintiff violated the Building Act, since the part of 92.41 square meters in light of the light metal 401 square meters among the instant 401 square meters is an extension without permission.

Since then, the Plaintiff removed the entire No. 401 of the instant building, and on May 8, 2015, the instant No. 401 was deleted from the building ledger on the ground of the destruction or loss, and the registration of alteration of the same indication was completed on May 15, 2015, and the registry under 401 of the instant building was closed.

【Unsatisfied facts, Gap evidence Nos. 1, 5, and 6