1. All appeals against the plaintiff's principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be added to the principal lawsuit and counterclaim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. From around December 2013 to March 2015, the Plaintiff purchased the entire floor, 102, 103, 104, and 105 of the Gangseo-gu Seoul Metropolitan Government D apartment shopping mall (hereinafter “instant shopping mall”), and completed the registration of ownership transfer. The Defendant completed the registration of ownership transfer as to subparagraph 101 of the instant shopping mall on December 29, 2001, and operated the beauty room.

B. On March 2014, the Plaintiff tried to implement construction works to allow entry to the rear side of the instant commercial building, such as the construction of an apartment unit to the rear side of the instant commercial building and the maintenance of a fire-fighting road.

Therefore, the Plaintiff proposed the Defendant to install an additional entrance and to maintain its floor in the opposite part of the existing entrance of each commercial building, but the Plaintiff was rejected due to the disagreement on the construction cost, and the Plaintiff completed the construction of a new entrance in each side of each commercial building owned by the Plaintiff, and completed the construction of a reinforced glass by installing a steel-resistant safety net installed on the entrance floor.

C. Around July 2014, the Defendant leased No. 101 of the instant commercial building to E., and at that time, E, who operated a beauty room, newly installed a door to the rear side of the commercial building No. 101, as the Plaintiff, and the steel product safety net at the entrance was left.

On the other hand, around June 15, 2015, after E transferred the right of lease 101 to another person, the Plaintiff: (a) loaded the string door and the glass wall of the following 101; (b) opened a string door with the string pipe and wooden joint plate, and obstructed the entrance; and (c) accordingly, (d) was sentenced to a fine of KRW 500,000 due to the crime of property damage.

(Seoul Southern District Court 2016Ka-Ma559). In the above criminal case, the Plaintiff installed a brush inevitably because the Defendant only installed the entrance, and the rainwater inflows to the underground floor through the refund system before the entrance does not take any measure.