1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. Basic facts

A. The real estate listed in the attached list (hereinafter “instant real estate”) is a boiler room located in the underground floor of Seongbuk-gu Seoul Metropolitan Government shopping mall (hereinafter “instant shopping mall”), an aggregate building, and the Plaintiff is a sectional owner of the instant shopping mall and co-owner who owns 0.47/78 of the instant real estate.

B. The Defendant, along with D, shared the fourth and fifth floors among the instant commercial buildings, operated Mana with the trade name “E” at the said place, and occupied and used the instant real estate by installing the boiler facilities, etc. on the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 1-1, 2, Eul evidence 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is the co-owner of the real estate of this case, which is the section for exclusive use. Since the defendant illegally occupies the real estate of this case, the defendant is obligated to deliver the real estate

The real estate of this case is the common area of the commercial building of this case.

Even if the defendant occupies and uses the real estate of this case exclusively, it is obligated to deliver the real estate of this case to the plaintiff who is a sectional owner.

B. The Defendant’s assertion falls under the section for common use of the entire commercial building of this case, and the Defendant has the right to use the real estate of this case according to its use.

3. Determination

A. Corridors and stairs that lead to several sections for exclusive use among the aggregate buildings in determination of the main argument, and any structural part of a building that leads to the common use of all or some of sectional owners, shall not be the common use area, which is the object of sectional ownership.

At this time, the issue of which part of a building is provided for the public use of all or part of the sectional owners shall be determined by the objective purpose according to the structure of the building, unless there is an agreement among the owners.