1. The plaintiff's appeal is dismissed.

2. Upon the claim added by this court, the defendant shall enter the plaintiff in the attached Form.

1. Facts of recognition;

A. The Plaintiff owned 6.01/3306 shares of Seongbuk-gu Seoul E, where the instant building was constructed, and 1/2 shares of the instant building 137, 149, and 209 shares of the building. The Defendant is the building management body of this case comprised of the sectional owners of the instant building and co-ownership owners.

B. The instant single-story is an unregistered building built on the rooftop, which is a common part of the instant building, around 1982 without the resolution of the management body of the instant building.

C. D, the owner of the instant building 213 and the representative of the Defendant, filed a lawsuit seeking the removal of the instant sub-story (Seoul Central District Court Decision 2010Da46419, Nov. 1, 2012) against the Plaintiff, etc., claiming that the Plaintiff and the Plaintiff’s son occupied the instant sub-story, thereby impairing the use of the rooftop, which is the common use area of the instant building, and that the said decision became final and conclusive.

At present, the defendant occupies the single-story house of this case and uses it as an 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 determined by a resolution of at least 3/4 of sectional owners and at least 3/4 of voting rights at the meeting of the management body.

Provided, That in cases falling under any of the following subparagraphs, it shall be governed by Article 38 (1):