A. (1) Defendant B Co., Ltd. (hereinafter “Defendant B”) violated the size of 2.78 square meters among the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “this case’s store”) and the attached sheet No. 1 and 4, connected thereto, and installed the columns and walls and other temporary materials on the line connecting the points listed in the attached sheet No. 2, No. 1 and No. 4 between the E-F store possessed and used by Defendant C, and the E-F store in possession and use by Defendant C, and 1.85 square meters among the above D stores and 2 real estate listed in the attached sheet owned by the Plaintiff (hereinafter “instant G store”), the Defendants are obligated to remove the said temporary materials installed illegally in the Plaintiff and compensate the Plaintiff for the amount equivalent to the rent for the infringing portion as damages.

(2) On July 3, 2013, the registration of the establishment of chonsegwon was completed on July 3, 2013 for the instant D and G stores, but it should be cancelled by Defendant B’s deception.

B. (1) In full view of the written evidence Nos. 1 and 2 as to the removal and damage claim portion (1) and the appraisal of the Korea Land Information Corporation and the overall purport of the pleadings as a result of the verification, the actual possession area excluding the size of a wall, etc. installed on the boundary with another adjacent store is not less than 12.15 square meters and not more than 1.85 square meters, it can be recognized that the actual possession area is less than 1.85 square meters.

However, such shortage of possession area seems to be due to the fact that Defendant B installed a wall on both sides of the above D shop because the building (store) owned by another person is connected to the two sides of the D shop of this case, which is a sectional ownership, and it is essential to install the wall in order to independently conduct the business independently. Therefore, in light of the structure of the above D shop (4.5m in both sides x 2.7m in width), the shortage of possession area reduced due to the installation of the above wall, etc. is the boundary of the sectional ownership building by social norms.