1.The judgment of the first instance shall be modified as follows:

The defendant is installed on the railing of the building indicated in the attached Form to the plaintiffs.

1. Facts of recognition;

A. The plaintiffs are owners of No. 14 to E. 17 of the 1st floor among the sap 6th floor of reinforced concrete building in Busan Jung-gu and 3 lots outside Busan (hereinafter "the building of this case"), and the co-ownership right holders of the land of the building of this case (hereinafter "the site of this case"), Busan Jung-gu, and three lots of land, including O, shall be co-ownership right holders of the building of this case.

B. On March 19, 2013, the Defendant leased part of L and M with the second floor of 459.67 square meters among the instant buildings, which is co-owners of L and M, the second floor of the instant building, and operated a restaurant from around that time to that time.

C. Among the instant buildings, a signboard installed on the outer wall of the commercial building of the first floor of this case has a rectangular-type board horizontally installed on the floor level and the outer wall of the second floor of this case has a board board temporary building (hereinafter “the instant temporary building”) on the outer wall of the second floor of this case.

The occupied area is as described in paragraph (1) of the text.

[Ground of recognition] Facts without dispute, Gap 4, 5, 6, 12, 13, 16 evidence, Eul evidence and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the temporary building of this case exclusively occupies the airspace above the area specified in Paragraph (1) of the disposition of this case among the land of this case, the plaintiffs, co-owners of the building of this case, as co-owners of the building of this case, may request the defendant who occupies the temporary building of this case, to leave the above temporary building.

(See Supreme Court en banc Decision 93Da9392, 9408 delivered on March 22, 1994, etc.). Therefore, barring any special circumstance, the defendant is obligated to leave the above temporary building to the plaintiffs.

3. Judgment on the defendant's assertion

A. The defendant asserts that the appeal filed by the plaintiffs who won the whole lawsuit in the first instance court is unlawful.

An appeal shall seek the revocation or alteration of a judgment disadvantageous to himself/herself.