1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. Following the counterclaim filed by this court.

1. Facts of recognition;

A. The Defendant is the owner who completed the registration of ownership transfer on June 26, 2002 and the owner who received management expenses, etc. as a building manager of the instant building, among neighborhood living facilities and housing located outside of the wife population C (hereinafter “the instant building”) located in the plot of land, the Defendant is the owner and the building manager of the instant building.

The building of this case is the seven-story building that can be divided ownership by floor.

B. Around 2007, the Defendant entered into a real estate lease agreement with a mobile carrier and entered into a lease agreement with a mobile carrier with respect to the instant rooftop by delegation of the mobile carrier’s consent and authority to enter into a real estate lease agreement related to the installation of a heavy meter for the instant rooftop and to all actions incidental thereto. Accordingly, on the rooftop of the instant building, the mobile carrier was installed from July 2008 to the mobile carrier, and the Defendant was paid rent for the installation of a heavy meter.

C. The Plaintiff completed the registration of ownership transfer on June 20, 208 with respect to L among the instant buildings, and completed the registration of ownership transfer on June 25, 2015 with respect to H among the instant buildings.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. The plaintiff's assertion has the right to acquire benefits arising from common areas pursuant to Article 17 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act").

However, on the rooftop of the instant building that falls under the section for common use, the Defendant installed a relayer of the mobile operator and received the full payment of the rent. The Defendant is obligated to return the amount equivalent to the percentage of the Plaintiff’s share out of the revenue of the rent that the Defendant received.

(b) Each description of the evidence Nos. 1 through 10, 12, 13, 16 through 21, 23, and 24 (including the number number; hereinafter the same shall apply) and the whole purport of the pleading, as follows.