A. The Plaintiff is a co-owner of the instant building B, an aggregate building located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”); Defendant B’s council of occupants’ representatives (hereinafter “Defendant’ council”) is a management body of the instant building established automatically pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”); Defendant Seo Il Development Co., Ltd. (hereinafter “Defendant Company”) is a housing management operator who entered into the entrusted management contract with the Defendant’s council of occupants’ representatives on January 17, 2014 regarding the management of the instant building.

B. The current status of the instant building consists of the instant building consisting of 20 stories, 7 stories underground, and 34,238.15 square meters of the total floor area of the instant building completed around March 2007, and multi-family housing with a total of 96 households from 26 stories underground to 3 stories underground as of December 2013, 2013, which consist of a total of 126 stories, and from 4 to 20 stories underground.

The third and fourth underground floors of the instant building are used as a parking lot. Among them, the third and fourth underground floors are used exclusively for commercial occupants, users, and the fourth underground floors are used for the public use of apartment occupants, commercial occupants, and users, while the fourth and sixth underground floors are installed at the entrance of the apartment, which is lowered from the fourth to the fourth underground floors, and only for apartment occupants, they can use the apartment.

On the other hand, half of the fourth underground floors, a sign sign sign, stating the phrase “ apartment exclusive use” and the other half of the underground floors, is on the ceiling.

In the building of this case, there are three emergency stairs, such as attached drawing 1, with a total of four elevators, and among them, three elevators and two emergency stairs connected to each elevator can enter only the exclusive card provided to apartment occupants.

The 7th underground floor of the instant building is used as machinery and electricity rooms, and part of it is as shown in the attached Form 2.