1. The plaintiff's conjunctive action shall be dismissed.

2. The defendant shall attach attached Form 3,306 square meters to the main plaintiff in Seongbuk-gu, Seoul.

1. Basic facts

A. The primary Plaintiff is the management body of the building A on the ground A (hereinafter referred to as the “instant land”) in Seongbuk-gu Seoul Metropolitan Government, which is an aggregate building, and the primary Plaintiff is the sectional owner of the instant commercial building.

B. The Defendant, among the instant land, occupied and managed the said part by providing it to the general public for a package work on the part of “B” 19 square meters connected with each point of the attached appraisal Nos. 1, 2, 3, 2, 1, 7, and 1 in sequence.

(hereinafter referred to as “instant road” (hereinafter referred to as “instant road”) C.

The instant road is a part of the instant commercial building site, and is used as a passage for entering the instant commercial building parking lot.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 5 (including partial number), results of measurement and appraisal commission of appraiser D, the purport of whole pleadings.

2. Judgment as to the primary plaintiff's claim

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to deliver the road of this case to the primary plaintiff who exercises the right of exclusion of disturbance as part of the management body of the commercial building of this case, as part of the site of this case, which falls under the section for common use under the Aggregate Buildings Act, barring special circumstances.

B. As to the judgment on the defendant's assertion, the defendant used the road of this case as the passage of the general public since before the construction of the commercial building of this case, and since the construction of the commercial building of this case, it has been used as the passage to enter the parking lot of this case, and the defendant exempted the property tax on the road of this case from the year 2004. The co-owners of the land of this case and the co-owners of the commercial building of this case from the commercial building of this case shall exclusively use the road of this case by providing the road for general traffic.