1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. F commercial buildings in Suwon-si D (hereinafter “instant commercial buildings”) were registered as an aggregate building as an inner store, and there was a floor boundary mark, partitions, walls, building number signs, etc. in line with the sectional ownership of buyers at the time of opening of August 2001.

B. Meanwhile, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff under the title of Suwon District Court No. 12698 received on August 24, 2001 with respect to the real estate listed in the separate sheet among the instant commercial buildings (hereinafter “instant store”).

C. However, during the period from August 15, 2002 to September 15, 2002, the representative director I of C, who acquired the right of facility management and lease agency of the instant commercial building, removed all inside facilities such as partitionss of the 4, 5th floor, ceiling, floor, toilets, etc., and installed raina facilities in the entire area without the consent of the entire sectional owners of the instant commercial building.

Then, during the period from January 2005 to July 2005, J, which was delegated by I with the right to manage facilities and lease of the instant commercial building, received a written consent from some of the sectional owners of the 4th and 5th floor owners of the instant commercial building, including the Plaintiff, to delegate all their authority to operate the store under their sectional ownership.

E. On December 22, 2005, the Defendant used the entire 4 and 5th floor of the instant commercial building from the E4,5th Operating Management Body established by J on December 22, 2005, and operated the instant commercial building 4 and 5th floor building, including the instant store, by taking advantage of a bath, making soup, suping, suping room, etc., which is a rain or facility, regardless of the classification in drawings, regardless of the classification in drawings.

[Basis] Grounds for Recognition: Facts without dispute, Gap 1 through 9, 13, 30, 33, 36, 37 evidence, Eul 2, 4, 5, 19, 38, and 40 each statement, the purport of the whole pleadings and arguments

2. Assertion and determination

A. The defendant asserted that the plaintiff's store of this case is from February 7, 2006 to March 1, 2009.