1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

1. Basic facts

A. The building of Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) was composed of eight stories above ground and eight stories above ground (115.77 square meters) and underground rooms (594.61 square meters).

B. The instant building’s underground room is composed of three independent real estate register, such as an internal basement No. 368.5 square meters (including an underground store with an underground room of 210.5 square meters and an underground floor of 158 square meters) and an underground floor shop No. 102, 49.25 square meters (in the register, 149 square meters) and a store No. 103, 176.86 square meters (in the register, 53 square meters).

C. In the real estate register, the Plaintiff’s share in the ownership of real estate indicated in the attached list, which is an underground floors of the underground floors of the instant building (hereinafter “instant real estate”) is the share of 152.87/273.77.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 17, 27, 28, Eul evidence No. 3 (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion is a right holder of the instant real estate. The form of ownership of the instant real estate is agreed by co-owners, including the Plaintiff, to specify the location and size of the instant real estate and to divide ownership. However, for convenience, the registration is a co-ownership relationship based on the mutual title trust, the registration of which has completed the registration of transfer as co-ownership with respect to the entire real estate of this case.

원고는 이 사건 부동산 368.5㎡ 중 특정 부분 205.77㎡(=368.5㎡×152.87/273.77)을 구분소유하고 있는데, 원고의 구체적인 구분소유부분은 지하실 점포 210.5㎡ 중 특정 부분 117.54㎡(=210.5㎡×152.87/273.77)와 지하층 158㎡ 중 특정 부분 88.23㎡(=158㎡×152.87/273.77)이고, 피고는 원고의 위 구분소유부분의 일부에 속하는 별지 도면 표시 ㈎부분 6.8㎡를 무단으로 점유, 사용하고 있다.

따라서 피고는 원고에게 이 사건 부동산 중 위 ㈎부분 6.8㎡를 인도하고, 2014. 5. 1.부터 위 부동산의 인도완료일까지 월 220,000원의 비율로 계산한 차임...