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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. The plaintiff (appointed party; hereinafter "the plaintiff"), the designated party, the defendant et al. are only registered as a co-owner for convenience with respect to the building of the first floor and the fourth floor above the Busan Jin-gu C, Busan, and the fourth floor above the ground (hereinafter "the building of this case"), and in fact, the building of this case is dividedly owned.
B. The plaintiff and the designated parties (hereinafter referred to as "the plaintiff et al.") jointly refer to the plaintiff and the designated parties (hereinafter referred to as "the plaintiff et al.") share the second floor of the building in this case and the third floor of the building in this case, and the defendant share the whole third floor of the building in this case.
C. After acquiring the sectional ownership of the instant building on September 11, 1981, the Defendant leased to D the left part of the entrance of the 1st floor entrance of the instant building on December 30, 2008. D is operating a store with the trade name “E” on the surface of the entrance, etc. of the entrance of the entrance.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 4, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment thereon
A. The Plaintiff’s assertion asserts to the following purport as the cause of the instant claim.
In other words, the entrance and stairs of the 1st floor of the building of this case fall under the section for common use, not the objects of sectional ownership. The defendant, only one of sectional owners of the building of this case, leases it to D without the consent of the plaintiff et al. who is a separate sectional owner, thereby gaining profit equivalent to the share of the plaintiff et al. (total 24/72) and suffered loss equivalent to the same amount.
Therefore, the Defendant is obligated to refund the Plaintiff, etc. the monthly rent of KRW 800,000,000 (i.e., the monthly rent of KRW 800,000 x 120 months x 24/72) and damages for delay incurred from March 4, 2015 to the date on which the Plaintiff, etc. loses its ownership.