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1. Of the judgment of the court of first instance, the part against the Plaintiff, which orders removal below, shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a management body comprised of sectional owners of the instant building, which is an aggregate building.
Defendant B acquired the ownership of the 12th floor E (hereinafter “instant E”) of the instant building on May 19, 201, and Defendant C acquired the ownership of the 12th floor F of the instant building on the same day (hereinafter “instant No. 12th floor E”).
The Defendants are using the instant section for exclusive use as a public notice board and its office due to marital relations.
B. The instant subparagraph E and the instant subparagraph F contain each balcony (hereinafter “the instant balcony”), and the Defendants installed gas boilers and air conditioners in the instant balcony.
C. Of the 13th floor rooftops of the instant building, there are mechanical rooms (hereinafter “instant mechanical room”). The Defendants are equipped with the corrective device in the instant mechanical room, and the entrance is locking.
The Defendants installed and managed the air conditioners in each part of the joints(p), (p), (r), (r), and (s) of the 13th rooftop of the instant building. The Defendants connected each air conditioners’ pipelines to the lower floor by drilling hole at the bottom of the body of the exhaust pipe protruding on the rooftop.
[Ground of recognition] A without dispute, entry of Gap evidence Nos. 3 through 6, 8, and 18 (including paper numbers; hereinafter the same shall apply), the result of each verification by the court of first instance, the result of the appraisal by the party appraiser, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s 1 entrance key to the balcony is gas boiler in the instant balcony. Since the instant mechanical room has a fire-fighting equipment for the entire building of this case, the Plaintiff needs to enter the balcony of this case and the instant mechanical room for inspection and safety management of fire-fighting systems. The Defendants lock the entrance door and interfere with the Plaintiff’s entry.
The defendants are the defendants.