1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning for this Court’s explanation is the same as that of the “1. Basic Facts” written in the first instance judgment, and thus, the reasoning for this Court’s explanation is cited by the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion and judgment

A. A. A summary of the Plaintiff’s assertion (Cause of Claim) 1 around the time the instant adjustment is established, there was approximately 40 parking spaces on the instant parking lot, and the sectional owners of apartment buildings and commercial buildings were entitled to freely use the said parking lot. The Defendant is merely entitled to use the instant parking lot site as at the time of the instant adjustment clause pursuant to the instant adjustment clause. Nevertheless, without the Plaintiff’s consent, the Defendant violated the Plaintiff’s ownership by hindering the passage of apartment owners of apartment buildings and the use of the instant parking lot site by illegally installing facilities, such as a blockinger, on the ground of the instant parking lot site, and collecting parking fees from the sectional owners of apartment buildings.

3) Therefore, the Defendant is obligated to remove the parking lot facilities on the ground of the instant parking lot to the Plaintiff. (B) Determination on the Plaintiff’s assertion 1) The fact that the Defendant, around December 2010, installed access roads connected to the instant parking lot site divided by the Plaintiff to the Seoul Seocho-gu F road (hereinafter “instant road”) on the instant parking lot site divided by the Plaintiff and expanded the available parking area, and installed a blocking machine and collected parking fees from the owners of apartment buildings.

In addition, in accordance with the instant conciliation clause, whether the Defendant’s right to use the instant parking lot site is included in the right to exclusively use and manage the instant parking lot site by collecting parking fees for apartment owners as above, etc.