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

A. The Plaintiff is a sectional owner of No. 734 of the 7th floor among the buildings listed in the attached list No. 1, an aggregate building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “instant building”); and the Defendant is a sectional owner of the 116th floor among the instant buildings (hereinafter “instant commercial building”).

B. The outer wall of the building of this case, which is abutting on the commercial building of this case, is installed a glass door connected to the outside (hereinafter “the entrance of this case”) in the part which is successively connected to each of the points of the < Amended by Presidential Decree No. 20720, Dec. 2

C. As of the date of closing argument of the instant case, the entrance of the instant case is used as an exclusive and exclusive entry to immediately enter the instant commercial building from the outside side of the instant building.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings

2. Assertion and determination

A. The exterior wall of the building of this case, which is the plaintiff's assertion aggregate building, belongs to the joint ownership of the sectional owners of the building of this case.

Therefore, the Defendant, as co-owners of the instant building, is obligated to remove the entrance of this case to the Plaintiff seeking the exclusion of disturbance as a preservation act.

B. Determination 1) Determination 1) Whether a part of a related legal doctrine is an aggregate building or a section for common use is determined as of the time when the entire building was completed and registered in the building ledger as a sectioned building. The subsequent change in building alteration or use status, etc. cannot affect whether a part is a section for common use or a section for common use. Whether a part of a condominium is provided for the public use of all or a part of a sectional owner should be determined by the objective purpose according to the structure of the building unless otherwise agreed by the owners (see Supreme Court Decision 2005Da36779, May 12, 2006).