1. The request is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff’s assertion is a company that operates a D Terminal located in Soyang-gu Seoul Metropolitan City C (hereinafter “instant shopping mall”).

The defendant installed fences without permission in part of bus parking lots in Gyeyang-gu, Seoyang-gu, Seoul for the defendant-only parking lots, installed Esplate in order to prevent the part of public stairs that come from the first floor of the commercial building to the first floor of the underground, and installed commercial facilities in the second floor of the common area of the underground floor.

In order to conduct such an act in common areas of the building C in Gyeyang-gu, Seoyang-gu, Seoyang-gu, an aggregate building, the decision is made by a majority of 3/4 or more of sectional owners and voting rights, but the defendant did not undergo such procedures.

As such, the Plaintiff suffered damages for paying the rent of KRW 10 million per month from December 8, 2015, in addition to the lease deposit of KRW 30 million, by leasing a new place from December 8, 2015 to the Defendant’s tort, the Plaintiff is obliged to pay KRW 90 million in total, and KRW 100 million in consolation money from December 8, 2015 to September 8, 2016.

2. A request for exclusion of disturbance against illegal possessor of the section for common use may be made by a sectional owner or a management body.

However, there is no evidence that the Plaintiff is the owner of the commercial building of this case or the management body.

In addition, there is also no evidence as to the damages claimed by the plaintiff and the damages caused by the defendant's act.

Therefore, the plaintiff's claim cannot be accepted, and it is so decided as per Disposition.