1. The defendant is marked with annexed drawings 1, 9, 10, 11, 12, 9 among the above ground of the Goyang-gu Yangyang-gu Kuyang-gu C Apartment Complex.

1. Facts of recognition;

A. The Plaintiff is the co-owner of the underground floor D and 1st floor E among the Goyang-gu Kuyang-gu Kuyang-gu C Apartment Complex (hereinafter “instant commercial building”), and the Defendant is operating the rice rice farm with the trade name “G” in the first floor F at the same time as the co-owner of the first floor F among the instant commercial buildings.

B. The Defendant, among the 1st floor of the instant commercial building, installs an assembly-type building (hereinafter “the instant provisional building”) on the part of 14 square meters on the ship connected with each point of the attached drawing 1 marks 9, 10, 11, 12, and 9 in sequence, and uses it for the operation of G.

C. On August 2018, Gyeyang-gu Office issued a corrective order to G on the ground that the instant building had been extended without permission among the instant commercial buildings, and notified that it would impose a non-performance penalty if it fails to comply with the corrective order.

[Based on recognition] The descriptions and images of Gap evidence Nos. 1 through 3, 6, and 8 (including paper numbers), the result of the appraisal commission to the senior branch of the Korea Land Information Corporation in this Court, the purport of the entire pleadings

2. The plaintiff's assertion and judgment

A. The Defendant asserted that the instant building is occupied and used on the ship’s portion of 14m3 square meters connected with each point of the attached Form 1, 9, 10, 11, 12, and 9, which falls under the section for common use of the instant commercial building.

Accordingly, pursuant to the proviso of Article 16(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), the Plaintiff, a co-owner of the instant commercial building, seeking the removal of the instant provisional building as a co-owner’s preservation act.

B. According to the reasoning of the judgment of the court below, as to Gap's evidence Nos. 3, 6, 7, and 8 and the appraisal commission to the senior branch of the Korea Land Information Corporation in the Republic of Korea, the entire purport of the pleadings is as follows: according to the overall purport of the pleadings, the defendant may recognize the fact that the building of this case was installed on the part of "three-dimensional" in the ship, which is the common use area of the shopping district of this case, connected with each point of the attached Form Nos. 1, 9

The defendant of this case.