1. The plaintiff's claim is dismissed.

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

1. A final and conclusive judgment (Seoul Western District Court Decision 2015Da218740, 2016Na36335) between the Plaintiff and D on the part demanding removal and reinstatement, such as indication of the attached drawing, among the buildings listed in the attached list, which are the Plaintiff’s assertion aggregate buildings (hereinafter “instant dispute part”), was finalized on June 20, 2017.

However, since the Defendants, a lessee of D, have altered or possessed the part of the dispute of this case, the Defendants should remove and restore the part of the dispute of this case to the Plaintiff.

2. Determination:

A. Prior to rendering a judgment on the merits, the Defendants asserted before the proposal that the Plaintiff, who is not a manager of an aggregate building, was not eligible to seek the removal, etc. of the dispute portion of this case, which is a common use area. Thus, preservation to maintain the present state of common use area of an aggregate building may be performed independently by the sectional owner, who is a co-owner, in distinction from the management act (see Supreme Court Decision 2011Da12163, Apr. 28, 201). The facts that the Plaintiff is a sectional owner of the building listed in the separate sheet are either disputed between the parties or acknowledged by the entry in the evidence No. 1, and therefore, the Defendants’ prior defense on the merits

B. We examine the cause of the claim, and remove is a factual act that constitutes a final disposition of ownership. Thus, only the owner or a person who is in the position to make a legal or de facto disposition has the right to remove.

However, even according to the Plaintiff’s assertion itself, the Defendants cannot be deemed to have the right to remove the dispute of this case merely because they are the lessees of D, who are the right to remove the dispute of this case. Moreover, the Defendants can make dispositions by arbitrarily altering and installing the dispute of this case along with D.