A. The Plaintiff, as a sectional owner under subparagraph 120 of the Kapo-si C Commercial Building (hereinafter “instant commercial building”), is operating a business with the trade name “D” at the said store, and the Defendant, as a sectional owner under subparagraph 113 (hereinafter “Defendant shop”), runs a business with the trade name “E” at the said store.

B. The instant commercial building is a neighborhood living facility of the first and third floor underground, and at the time of completion, a large glass window was installed at the center of the wall and wall, which consists of brick and concrete at the front top and bottom of the Defendant store, and was used as an outer wall.

C. However, the Defendant, by damaging the wall and glass windows at the bottom of the outer wall of the Defendant shop, installed the entrance door of Paragraph (a) of the Disposition No. 1 (hereinafter “instant entrance”) and via the instant entrance, access to the commercial building from the outdoor parking lot of the instant commercial building is being made.

[Reasons for Recognition] Facts without partial dispute, Gap evidence Nos. 1, 2, 5, 6, 7 (including each number), and the purport of the whole pleadings

2. Determination:

A. (1) Determination as to a request for removal of entrance and exit doors, etc.; a prop, roof, outer wall, basic structure, etc. necessary to maintain the safety or appearance of a building in an aggregate building is the part provided to all or some of the sectional owners’ common use of the building (see, e.g., Supreme Court Decision 2011Da12163, Apr. 28, 201). Matters concerning the alteration of such common use section is the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”).

In accordance with Article 15 (1), at the managing body's meeting, at least 3/4 of sectional owners and at least 3/4 of voting rights shall be determined by resolution.

The outer wall of the commercial building of this case falls under the section for common use necessary to maintain the safety or appearance of the commercial building, and it is common use that the defendant has destroyed part of the outer wall of the defendant's store and installed the entrance of this case.