1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On January 5, 2016, the Plaintiff acquired B 138 square meters in Jinju-si, Jin-si (hereinafter “instant land”) and completed the registration of ownership transfer on the said land on January 11, 2016.

B. The instant land is the land adjacent to the south of the CJ 1365 square meters in Jinju-si, which is located in Dr. Dr. Dr. on the ground above C, and the Defendant is the sectional owner of the fifth floor No. 306 of the instant application.

C. The instant land was created by a fire brigade, and only part of the remainder remains as a vacant lot. However, there was no fence, etc., which could identify the boundaries between the relevant vacant lot and the site of the instant construction, and some of the occupants of the instant Mangion parked their vehicles in the relevant vacant lot.

Since the filing of the instant lawsuit, the network was installed on the boundary of the instant land and the instant site at the end of 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 6, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is a site for the first resort parking lot, which constitutes a common part of an aggregate building or its site.

Therefore, pursuant to Article 17 of the Act on the Ownership and Management of Aggregate Buildings, the Defendant, as the co-owner of the instant construction, is obligated to pay the Plaintiff, as the owner of the instant land, the amount of money calculated at the rate of 131,481 won from January 5, 2016 to December 31, 2016, i.e., the amount of money calculated at the rate of 91,041 won from January 1, 2017 to September 5, 2017, 222,52 won, and 11,167 won from September 6, 2017 to September 5, 2017.

B. Article 2 Subparag. 4 of the Aggregate Buildings Act provides that “The section for common use” belongs to the section other than the section for exclusive use and the section for exclusive use.