1. The defendant shall order the plaintiff each point of the attached Form 1, 2, and 1 among the E buildings located in Yongsan-gu Seoul Metropolitan Government and Yongsan-gu, Seoul and D.

1. Facts of recognition;

A. The Plaintiff is a co-owner of the first floor No. 102 (119.53 square meters in size of the exclusively owned area) among buildings E in Yongsan-gu Seoul Metropolitan Government and Yongsan-gu (hereinafter “instant commercial building”).

B. Nonparty F and G are co-owners of the second floor No. 201 (293.27m2) of the instant commercial building. From May 10, 2012 to May 10, 2012, Nonparty F and G created an office of size of 44.3m2m2 in size (hereinafter “the instant building section”) by installing walls and entrances on the line connecting each point of the common areas of the instant commercial building owners, which falls under the common areas of the instant sectional owners, and leased them to the Defendant along with the said subparagraph 201.

C. The defendant has used the second floor No. 201 of the commercial building of this case and the building part of this case as all offices until the closing date of pleadings.

The sectional owners (H, I, J, K, L, and M) of the instant commercial building including the Plaintiff filed a lawsuit against F and G, such as the removal of the instant building portion, the delivery of the section for common use, and the return of unjust enrichment, with the Seoul Western District Court 2013da24799, which was rendered a favorable judgment on October 10, 2014.

The above judgment was finalized on November 4, 2014.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 9 (including each number), and the purport of the whole pleading

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the building portion of this case is installed without authority and must be removed, the defendant, who is the direct possessor, has the duty to comply with the request for eviction that the plaintiff, who is the sectional owner of the building of this case, independently exercises as a preservation act of the common use area of the condominium

B. On the judgment of the defendant's assertion, since the part of the building in this case is the section for partial common use provided for only the owners of the second floor of the building in this case, the plaintiff, who is the owner of the first floor in this case, is the section for common use of the second floor.