1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an organization composed of representatives of occupants of A apartment constructed on the 13.8 square meters in Songpa-gu Seoul Metropolitan Government, 591 square meters and D large 13.8 square meters (hereinafter “instant apartment”). The Defendant is the owner of the basement E-219.96 square meters in the commercial building constructed on the same site (hereinafter “instant commercial building”).

B. The details of the building of the instant shopping mall are 120.33 square meters per floor, 20.85 square meters per floor, 212.85 square meters, 283.62 square meters per floor, and 29.07 square meters per rooftop. The section for exclusive use is divided into the instant branch floor, 1st floor F, 2nd floor F, G, 3rd floor F, and G, and the site ownership ratio of the instant branch floor is 53.25/596.5 square meters.

C. The Defendant owns all sections of exclusive ownership of the instant commercial building, including the instant branch floor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion is part of the apartment complex as the sales facility of the instant apartment complex, and the area occupied by the branch of the instant apartment complex is larger than the site ownership portion of the instant branch floor. Thus, the instant apartment building owner is arbitrarily using the site jointly owned by the owner of the instant apartment.

Therefore, the defendant shall pay to the plaintiff management expenses for the use of the apartment common area of this case, ① KRW 53,910,144, ② KRW 9,775,380, ③ KRW 21,00,000, KRW 85,285,524, and KRW 47,380,84, and KRW 14,214,254 on the premise that the extinctive prescription is ten years, and KRW 14,214,254 on the premise that the extinctive prescription is three years.

3. The area occupied by the underground floor of the instant shopping mall is 283.62 square meters, and the entire area of the instant geographical story is 219.96 square meters, and the ownership of the site of the instant geographical story is 53.25 square meters.