A. The Plaintiff is a sectional owner under subparagraph - among multi-household houses (D houses; hereinafter “instant partitioned buildings”) with the fourth floor above the land of Songpa-gu Seoul Metropolitan Government 205 square meters (hereinafter “instant land”), and the Defendant is a sectional owner of the real estate indicated in the attached Table among the instant partitioned buildings (hereinafter “instant real estate”).

나. 이 사건 부동산에 별지 도면 표시 1, 2, 3, 4, 5, 6, 7, 8, 1의 각 점을 순차 연결한 선내 ‘ㄱ’부분 6.7㎡ 지상 알루미늄샷시유리 건축물(이하 ‘이 사건 건물부분’이라 한다)이 불법으로 증축되어 있는데, 이 사건 건물부분은 이 사건 구분건물 소유자들이 공용으로 이용하고 있는 이 사건 토지상에 위치하고 있고, 피고가 이를 점유, 사용하고 있다.

C. On December 8, 2017, the instant part of the building was indicated as a non-compliant building on the aggregate building ledger, and on July 9, 2018, the head of Songpa-gu sent to the sectional owners of the instant partitioned building a written notice demanding correction, as it is expected to impose a charge for compelling the violation of the Parking Lot Act due to unauthorized extension.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, 6, Gap evidence 2-1 to 3, Gap evidence 3-1 to 8, Gap evidence 4, and the purport of the whole pleadings

2. The assertion and judgment

A. A sectional owner of an aggregate building may independently perform the act of preserving common areas pursuant to Article 16(1) of the Act on the Ownership and Management of Aggregate Buildings, and the content of the act of preserving it also includes the right to claim the removal of interference based on the right to share and the right to claim the return of jointly owned property (see, e.g., Supreme Court Decision 98Da61746, May 11, 1999). According to the above facts of recognition, the defendant has exclusive possession and use the instant building portion belonging to the common area of the partitioned building, and therefore, one of the sectional owners is the common area.