1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is a co-owner of B shopping malls (road name address: Gangnam-gu Seoul Metropolitan Government E; hereinafter “instant commercial building”) located on the ground of the Gangnam-gu Seoul Metropolitan Government Do 1,466 square meters (hereinafter “instant land”). The Plaintiff is a co-owner of the underground floor 2, underground floor 3, 102, and 2 (bank stores) and the Defendant obtained authorization for the establishment from the head of Gangnam-gu Seoul Metropolitan Government in order to implement a reconstruction project on the ground of the Gangnam-gu Seoul Metropolitan Government F and one parcel.

B. The Plaintiff filed with the Seoul Central District Court a lawsuit against the Defendant and C seeking removal of a chimney on the ground of the instant land (hereinafter “instant chimney”) and delivery of the site (2016da508167). On June 15, 2016, the said court rendered a ruling of recommending reconciliation as follows (hereinafter “the instant ruling of recommending reconciliation”). The instant ruling of recommending reconciliation became final and conclusive around that time.

1. The Plaintiff, the Defendant, and the C verify that the instant chimney was owned by the sectional owners of B apartment before reconstruction and the sectional owners of the instant commercial building, and that the Defendant succeeded to the rights and obligations of the owners of B apartment before reconstruction.

2. The Plaintiff, the Defendant, and C agree to remove the said chimney and, in the event that the said chimney is to be removed through the lawful procedures prescribed by the Act in the future, the costs of removal shall be borne as prescribed by the Act.

3. The plaintiff withdraws the lawsuit of this case, and the defendant and C agree thereto.

4. The costs of lawsuit shall be borne by each person;

C. The Plaintiff’s defect in executing the stack removal construction of this case, and the Defendant filed with the Seoul Central District Court an application for provisional injunction against removal of the instant chimney (2016Kahap8135555) against the Plaintiff and Samdung Construction Co., Ltd. (hereinafter “Seoul Central District Court”). On November 18, 2016, the said court included the content that the Defendant consents to removal of the instant chimney after the direction.