1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The plaintiff is the owner of the above site and the above ground church building as a member of the E church in Yangsan-si.

The defendant is a corporation that operates the F Center in Yangsan-si, and is the owner of the above site and the above ground building (hereinafter referred to as the "the building in this case").

Two parcels of the above site are connected each other.

B. On July 29, 2016, the Defendant respectively installed protruding Capital in the length of 43 cm, which was composed of alinium new aluminium and plastic acrylic plate, on seven glass windows from the boundary line (hereinafter “instant boundary line”) of two parcels of the instant building site (hereinafter “instant boundary line”) of the instant building.

Accordingly, the outer line of the instant Capital was located within 50 cm from the boundary of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 8, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the instant Capital constitutes part of the instant building, and that the outer line of the instant Capital is within 50 cm from the boundary of the instant case, and that it should be removed.

As to this, the Defendant asserts that the instant Capital does not constitute a part of the instant building as a separate movable, and even if the Capital Capital was a part of the instant building, it is only possible to claim damages after the completion of the building, and the claim for removal is not allowed. Therefore, the Defendant asserts that the Plaintiff’s claim cannot be complied with.

B. In order for a movable to be recognized as complying with the Capital of this case to be consistent with the real estate under Article 256 of the Civil Code, whether the movable is attached and combined to the extent that it can not be separated without causing damage to the movable or excessive costs, and its physical structure, use and function are existing real estate independent of economic utility.