1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings, the Plaintiff is a management body comprised of all sectional owners of the building A with the 7th floor above the 2nd floor above the 7th floor above the Seo-gu, Seo-gu, Seocheon-gu (hereinafter “instant building”). The Defendant is the owner of the 5th to the 7th floor of the instant building (hereinafter “the instant bath”) and is conducting a bath, such as rain, etc., at the same time.

B. On December 15, 2015, the Defendant acquired the ownership of the instant public bath on the grounds of sale due to the voluntary auction commenced based on the right to collateral security established on the instant public bath.

C. The building of this case was completed on March 31, 2004. The second underground floor was used as a public bath facility for other first class neighborhood service (mechanic room, etc.) and first class neighborhood service (electric room, etc.) for other first class underground floor, first class general restaurant, beauty center, second class retail store, general restaurant, sports facility, third class sports facility, hospital, juvenile game providing facility, fourth class floor was used as a billiard facility.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is without the consent of the plaintiff or other sectional owners, who are the management body of the building of this case, that exclusively occupies and uses the part (Ga) stated in the purport of the claim, which is the common area of the building of this case (hereinafter "the boiler room of this case"), and the defendant is obligated to order the plaintiff to do so and return the unjust enrichment equivalent to the rent from the commencement date of delivery to the completion date of delivery.

B. The Defendant’s assertion that the boiler room of this case was used as facilities for the bath of this case from the time of construction of the building of this case to the present day, and falls under the attached objects or attached objects, and thus, the Defendant constitutes the bath of this case.