1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Treatment Co., Ltd. newly constructed the aggregate building D, an aggregate building of the fourth underground floor and the fifth floor above ground (hereinafter “instant aggregate building”) on the Cheongju-si C ground of Cheongju-si, and completed registration of preservation of ownership on each partitioned building on July 8, 199.

B. On October 16, 1998, the Plaintiff sold No. 126 of the first floor in the instant aggregate building (hereinafter “Plaintiff-owned aggregate building”) and completed the registration of ownership transfer on August 16, 199, and thereafter, the Plaintiff operated wholesale and retail business, such as precious metals and visibility, with the trade name “E” in the instant aggregate building owned by the Plaintiff.

C. Around 1999, when additional sale of the aggregate building of this case and the exercise of the rights by sectional owners who purchased the building of this case due to a default on treatment of a stock company, the management body of the instant aggregate building, which is a management body of the instant aggregate building established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), promoted the sale of each of the instant aggregate buildings in order to normalize the operation of the entire aggregate building.

The Defendant, a corporation engaged in real estate sale, lease and consignment management, sales agency, etc., purchased the whole aggregate building of this case and executed remodeling construction, and promoted the purchase of the whole partitioned building through consultation with the management body of this case from June 2008 to sell and lease it. Some sectional owners, including the Plaintiff, refused sale and purchased only the rest of the partitioned building except for those owned by them.

E. From January 201, 201, the Defendant had completed the construction work of purchasing a sectioned building, the remodelling and interior works for the section for common use in the instant aggregate building and the section for exclusive use purchased by the Defendant (hereinafter “instant construction”). From May 19, 201 to July 26, 201, the Defendant obtained approval for changing the size and purpose of use in order.

[Ground of recognition] There is no dispute.