1. The plaintiff's appeal and the withdrawal claim added by this court are all dismissed.

2. The appeal cost and this court.

1. Basic facts

A. The Plaintiff is the owner of 6.01/3,306 shares in Seongbuk-gu, Seoul, where the building indicated in the attached Form (hereinafter “instant building”) was constructed, and 1/2 shares in the building 137, 149, and 209 shares in Seongbuk-gu, Seoul, where the building in the attached Form (hereinafter “instant building”) was constructed, and the Defendant is the owner of 213 among the instant building and the representative of the JJ branch of Seongbuk-gu, which manages the instant building.

나. 별지 도면 표시 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 1의 각 점을 차례로 연결한 선내 ㈎ 부분 시멘트블록조 슬레이트지붕 단층가옥 1동 95.11㎡(이하 ‘이 사건 단층가옥’이라 한다)는 J상가 번영회의 결의 없이 1982년경 이 사건 건물의 공용부분인 옥상에 건축된 무허가, 미등기 건축물이다.

C. The Defendant filed a lawsuit against the Plaintiff, etc. seeking the removal of the instant multi-story house (Seoul Central District Court Decision 2010Kadan46419, Nov. 1, 2012) by asserting that the Plaintiff and the Plaintiff’s I occupied the instant multi-story house, thereby impairing the use of the rooftop, which is a common part of the instant building, and that the said judgment became final and conclusive.

At present, JJ has occupied the instant single-story as an office by using it as the office.

E. Of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”), the parts related to the instant case are as follows:

Article 10 (Reversion, etc. of Section for Common Use) (1) The section for common use belongs to the co-ownership of all sectional owners.

However, the section for common use which is obviously provided only by some sectional owners for common use (hereinafter referred to as the "section for partial common use") belongs to the co-ownership of those sectional owners.

Each co-owner may use the section for common use according to its purpose.

Article 15 (Change of Section for Common Use) (1) Matters concerning change in the section for common use shall be managed by a managing body.