1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A apartment building (hereinafter “instant building”) is a single aggregate building constructed on the 9th ground level above the 1st underground floor in Gangseo-gu Seoul Metropolitan Government, and its use is composed of retail stores and neighborhood living facilities with the 1st underground floors above the 1st underground floor, parking lots for the 1st floor, business facilities for the 2nd floor, and apartment buildings with the 3th and 9th floor above the 14th generation.

B. The plaintiff is the council of occupants' representatives of A apartment, and the defendant is the owner of the first floor underground among the instant building.

C. Meanwhile, in the collective building ledger of the instant building, toilets, warehouses, etc. were registered as an extension without permission on nine square meters in the aggregate building ledger of the instant building, and the registered parts are the Defendant’s construction.

[Ground of recognition] Facts without dispute, Gap 3 evidence, the purport of the whole pleadings

2. Determination

A. The gist of the party’s assertion (1) The building with the single floor indicated in the purport of the claim, including the Plaintiff’s portion for unauthorized extension, was illegally constructed on the ground of 15 square meters away from the part on which the Defendant successively connected each point of the 1,2,7, and 1 of the parking lot on the ground of the first floor, which is the common part of the co-owners of the instant building, and thus, the Defendant is obligated to remove the building above to the Plaintiff and deliver the land on the said part to the Plaintiff

(2) The Plaintiff is not a managing body of the instant building, and thus cannot claim removal of disturbance, such as removal of the section for common use.

B. In the determination of an aggregate building, where a third party illegally occupies the site or accessory facilities of the building that belongs to the common area or the common area or the common area of the sectional owner, the legal relation that the third party unlawfully occupies is not a legal relation that belongs to the sectional owner, but is based on the co-ownership right such as common area, etc., and thus, the sectional owner may first or collectively own the land and the manager shall act on behalf of the management body established under Article 23(1) of the Aggregate Buildings Act.