1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In accordance with the Act on the Ownership and Management of Aggregate Buildings, the Defendant is a management body consisting of sectional owners for the purpose of self-management of the four buildings and site of Hdong, I Dong, Jdong, and New Sub-Section B in Seoul, Jung-gu, Seoul, with the aim of self-management of the building site.

B. The Plaintiff is a co-owner of some of the buildings B, namely, the owner of 2.7634 shares of 8.29/29 of the 2nd floor in the Seoul Jung-gu, Seoul and 0.7734 shares of 0.739/9 of the Dho-gu, Seoul Jung-gu.

C. On August 2016, 2016, the Plaintiff leased to M, in sequence, Category C (hereinafter “instant store”) that connects each point of the attached drawing Nos. 1, 2, 3, 4, and 1 among the Hdong buildings attached to M. D.

The Plaintiff filed a lawsuit against the Defendant seeking the confirmation of the Plaintiff’s status as the owner of the instant store (Seoul Central District Court 2017Gahap510773), but appealed (Seoul High Court 2017Na2037742) on June 16, 2017, but the appeal (Seoul High Court 2017Na203742) was dismissed on February 2, 2018, but the appeal was dismissed on June 15, 2018 (Supreme Court 2018Da219567).

E. On July 26, 2018, the Defendant filed a claim suit against M with the Seoul Central District Court Decision 2018Da516286, which rendered a judgment on December 11, 2018 that “M shall order the Defendant to order the instant store,” and the said judgment became final and conclusive around that time.

The Defendant was subject to the Seoul Central District Court Decision 2018Kadan81353, which was the provisional injunction against the possession transfer of the instant store, and executed on August 20, 2018.

F. On August 21, 2018, M filed a lawsuit claiming the return of rental deposit against the Plaintiff on August 21, 2018 with the Seoul Western District Court 2018Gaso25677, which was rendered a favorable judgment on November 2, 2018.

M indicated in the notice sent to the Plaintiff on October 17, 2018 and the lawsuit claiming the refund of the rental deposit in question, that “M lost possession of the instant store upon the expiration of the lease term on August 14, 2018,” in the written correction of the cause of claim received on October 24, 2018.

ground for recognition: