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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is a sectional owner of the building listed in paragraph (1) of the attached Table 1 (hereinafter “Bdong building”) and owned 1,498/38 of 38,560 of the land in Busan Northern-gu, Busan-gu, the site of the said building. The Defendant entered into a lease agreement with D on October 24, 201 that sets lease deposit money amounting to KRW 50,000,000, lease deposit amounting to KRW 50 months, lease period, KRW 1,50,000,00, and KRW 1,500,000 of the rent month, and KRW 1,50,000 of the rent month, and KRW 1,50,000,000 of the land in the attached Table 3 (hereinafter “the above building”). The Defendant runs a business in the underground part from that time.
B. On the other hand, Dong, Dong and Dong buildings are separate buildings, but their underground floors are all connected to each other. Na Dong buildings are the first underground floor and the third floor neighborhood living facilities with the third floor above ground, which are composed of 12 households with sectional ownership. There is no separate regulations on the management and use of Nabdong buildings among sectional owners of the building.
[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1, 3, and 4 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion is that the defendant installs the air-conditioning room (hereinafter "the outdoor air of this case") in the part on the rooftop, which is the official part of the B-dong building, and arbitrarily occupies and uses the part (v), e, g, h, and e (hereinafter "v), which connects each part of the items in the attached drawing No. B, B, C, D, A, and 18 square meters (hereinafter "the part") among the 1st floor, by arbitrarily loading goods on the ship (hereinafter "v), which connects each of the above parts in sequence e, f, g, h, and e, and is equivalent to the rent due to the use of each of the above common parts. Thus, the plaintiff, who is the owner of the building of the B-dong building, is entitled to the unjust enrichment equivalent to the rent due to the use of each of the above common parts.