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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Seoul Jung-gu E, F, G, H, I, J, K, L, M, P, P, Q, R, T, 2-to-land business office 873.04 square meters per floor, 2-story 702.75 square meters per second floor ("V import price" or "D store" in the so-called U market; hereinafter "the building of this case") was completed on October 30, 1958.
B. On May 2002, the instant building was determined as dangerous buildings and defective buildings as a result of the structural safety inspection conducted around the Seoul Special Metropolitan City and Jung-gu Office, and was ordered to be reinforced by the Seoul Special Metropolitan City and Jung-gu Office.
Therefore, in 2005, the construction of reinforced concrete structure of the existing building has been carried out with steel structure, and the number of floors has been changed from the second to the fourth floor, but the current status of the building ledger and the register have not been changed and the public register has become inconsistent.
C. According to the above remodeling, the size of the stores on the first floor of the building of this case was somewhat altered and the arrangement of the inner branch was changed. However, the outer branch of 1 through 15 was changed by the management number of the store No. 9-10 to 10-11, the management number of the store No. 112 and the management number of the store No. 12 were changed to 13, as the management number of the store No. 9-10 was changed to 4-5.
In order to manage the instant building, the “U Market Ep (F) Props Association” (hereinafter referred to as the “Subdivision”) was organized. The Props Association on behalf of each owner has leased stores in the building and received payment from lessees and carried out the business of delivering it to the owner.
E. Around October 2007, the Defendant set the first floor 9 of the instant building (the 8th floor prior to remodeling, and the 8th shop that the Plaintiff seeks to deliver in the purport of the claim; hereinafter referred to as “instant store”) from October 22, 2007 to December 12, 2007, which was leased by W. The Defendant used the first floor of the instant building for the period from October 22, 2007.