1. All of the plaintiff's claims are dismissed.

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

1. Facts of recognition;

A. On October 4, 2016, the Plaintiff acquired 612.5/4320 shares (hereinafter “instant shares”) out of the Gangnam-gu Seoul Metropolitan Government Qua 620.8 square meters (hereinafter “instant land”).

B. On the ground of the instant land, there exists a building of which the size of 1,259.17 square meters and the size of 157.03 square meters in the underground room (hereinafter “instant building”). The instant building has obtained approval for use on September 8, 197, and the Defendants acquired each sectional building located within the instant building as follows.

B H J IE DD CF K N PR T UV X X X Y AAAU / [based on recognition] evidence 1 to 13, Eul evidence 1 to 13, and the purport of the whole pleadings, as a whole,

2. The assertion and judgment

A. The Defendants asserted that the Plaintiff used the instant land while owning a part of the instant building located on the ground of the instant land. As such, the Plaintiff is obligated to pay the Plaintiff the usage fee from the date of the Plaintiff’s acquisition of ownership to the date of the instant lawsuit, among the instant land, to the Plaintiff, who is the owner of the instant share. Accordingly, the Plaintiff’s assertion partially sought payment

B. (1) In order to establish sectional ownership for one building as to whether the sectional ownership has been established, one building exists in an objective and physical aspect, and the divided building part must have independence in structural use, as well as the physically partitioned building part of one building should be the object 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, it is divided.