1. Revocation of a judgment of the first instance;

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3. The total cost of the lawsuit is the principal lawsuit.

1. The reasoning for this Court’s explanation is that the part of “1. Recognition” of the judgment of the court of first instance is the same as that of the part of “1. Recognition,” and this part is cited in accordance with the text of Article 420

2. Determination on the main claim

A. The Defendant asserted that the Plaintiff did not have the right to possess and use the part of the instant dispute, which is owned by the Plaintiff, but installed the brick, and occupied and used the said part as if it were its own store.

Accordingly, the Plaintiff is seeking the removal of the above bricks and delivery of the dispute part of this case as an exercise of the right to claim the return of ownership or the right to claim the removal of interference with the right to claim the return of unjust enrichment equivalent to the rent by the completion date of delivery.

B. The Plaintiff asserts that the pertinent dispute is owned by the Plaintiff, and this is examined.

In order to establish sectional ownership for one building, one building exists in an objective and physical aspect, separate building parts should have independence in structure and use, and physically partitioned building parts among one building should be divided into the objects of sectional ownership.

Here, the act of partitioning is a kind of legal act, without changing the physical form and quality of a building, intended to divide a specific part of a building into an object of separate ownership under the legal concept, and is not a special restriction on the time and method, but it is recognized when the intention of the disposal authority is objectively indicated.

Therefore, even before the physical completion of a sectioned building, if the intention of division is objectively indicated that the future new building is a sectioned building through the application for building permission or the contract for sale in lots, the existence of the act of division can be recognized, and if the subsequent building and the sectioned building corresponding to the act of division are completed objectively and physically, it is still to be completed.