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1. Revocation of a judgment of the first instance;
2. The defendant is located within the ceiling of Seoul Jung-gu C Ground D No. 315, Jung-gu, Seoul.
Reasons
1. Basic facts
A. On October 25, 199, the building of 12 stories C and 5 stories underground (hereinafter “instant building”) is an aggregate building that obtained approval for use as a sales and neighborhood life, business, educational research, and sports facility on October 25, 199.
B. On November 3, 2011, the Plaintiff is a sectional owner who completed the registration of ownership transfer on November 3, 2011 with respect to No. 315 of the third floor (exclusive use area of 19.89 square meters; hereinafter “instant real estate”) among the instant building on November 3, 201, and the Defendant is a sectional owner of the fourth floor of the instant building.
C. The ceiling of the instant real estate is being treated with tin-to-face 2 (total 19mmm) with a thickness of 9.5m, and an open space in a ceiling of 1.5m high height from the mast of the said ceiling (hereinafter “the ceiling space in this case”) (hereinafter “the ceiling space in this case”) is installed with air-conditioning, cooling and heating pipes, fire-fighting pipes, electric wires, etc.
In order to operate a convalescent hospital (Evalescent hospital) around February 14, 2012 from the Defendant, G leased the fourth floor of the instant building from February 2, 2012 to March 2, 2012, with two toilets equipped with a two sides and a three-dimensional hole on the upper part of the instant real estate, such as the attached sheet and image, and with two toilets installed at the floor slot bars (the instant real estate from the side of the instant real estate), the two diameters of the diameter of the diameter of 100 meters, and four holes of the drainage hole of 50 meters in diameter (the each hole of this case, indicated in attached Form No. 1 to (6), and hereinafter referred to as “each hole of this case”) connected the space of the instant site to the water of this case, each hole of this case, the diameter of which is 10 meters or less of the diameter of each hole of the pipe of this case (hereinafter referred to as “one hole of this case”).
(hereinafter referred to as the “instant construction”). 【No dispute exists,” Gap evidence Nos. 2, and Eul evidence Nos. 4-1 through 6, and Eul evidence Nos. 2 and 3.