1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the pleadings in each description of Gap evidence Nos. 1-16, 20, and Eul evidence Nos. 1, 2, 4, and 17 (including serial numbers; hereinafter the same shall apply).

The Plaintiff’s instant condominiums in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant condominiums”) consists of a sales Dong of the 12th floor above the ground level from the 1st to the 12nd floor above the ground level and a business Dong of the 1st floor above the ground level to the

A manager who has concluded an entrustment contract with all sectional owners, and the defendant is a sectional owner who has completed the registration of ownership transfer on the ground of voluntary auction on January 18, 2018 with respect to the whole nine-storys (excluding the part of a specialized restaurant which is a sales club), including subparagraph D of the nine-storys of the instant aggregate building.

B. The Defendant had been partially divided and used as E (hereinafter “instant store”) prior to the completion of the registration of ownership transfer. However, the location of the instant store and the drawings on the building ledger of the nine-story including the location and the drawings on the actual use of the said nine-story store are as follows, and 242.2 square meters out of the common areas were used as the exclusive ownership of the instant store.

1) The location 2) the drawing on the building register of the entire 9th floor and the drawing on actual use 3) some sections of exclusive use, which are the rectangular section located at the lower right-hand side of the hallway stairs indicated in the “current drawing” above, are used as the section for common use, and some sections of exclusive use, such as the 242.2 square meters, are used as the section for exclusive use. In short, the 9th floor including the instant store, is used as the section for exclusive use. For instance, the 9th floor, including the instant store, is used as the section for exclusive use: The 9th unit E (the part of subparagraph D on the register, the Defendant is used as the unit E) from March 2019 to May 2019: 4,787,460 won (i.e., March 1, 642, 980 to April 1, 540, 705).