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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an organization comprised of “occupants, etc.” (referring to occupants, such as the owner of the apartment complex or his/her spouse or lineal ascendants or descendants representing the owner, and persons other than occupants, who rent and use the apartment house) of the A apartment located in the Gangseo-gu Seoul Metropolitan Government pursuant to Article 43 of the Housing Act and Article 50 of the Enforcement Decree of the same
B. The defendant is the owner of the above apartment 114 Dong 2201, and among the above apartment 114 Dong roof (pent roof) among the above apartment 114 Dong apartment, the above apartment is being occupied and used by installing a garden structure on the part of the ship of this case and planting the plant.
[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 1-3-3, Gap evidence 3, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's summary of the plaintiff's assertion has the right to manage the roof floor (house) which is the section for common use based on the collective housing management rules, and Article 14 (1) of the above rules provides that the plaintiff shall restore the section for common use to its original state if the tenant damages the section for common use. In accordance with Articles 12 (1), 46 (1) 4 and 75 (4) of the above rules, the plaintiff seeks to remove the garden structure installed voluntarily on the part of the ship and deliver the above section to the plaintiff.
B. In the determination of an aggregate building, where a third party illegally occupies the site or attached facilities of the building that belongs to the common area or the co-ownership of the sectional owner, the legal relation of the removal of disturbance and the return of unjust enrichment or the claim for damages against the third party is not a legal relation that belongs to the sectional owner, but a legal relation that is based on the co-ownership right of common area, etc., and such legal relation can be brought by the sectional owner individually or collectively, and the council of occupants' representatives, which