1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a sectional owner of heading 406 and 407 among the D (hereinafter “instant building”), which is a building for the Suwon-si, Suwon-si, the 5th above ground, the 2nd underground floor neighborhood living facilities, cultural and assembly facilities (motion picture tubes).

B. The instant building was a 3-story area of 5,486.46 square meters prior to the extension, and 4,383.46 square meters prior to the extension, and the building was extended to 6,15.83 square meters of the 3-story area on September 2006, 7,726.17 square meters of the 4-story area and 702.66 square meters of the 5-story area.

Currently, it consists of 257 sections, and the area of the site subject to the site right (hereinafter referred to as the “instant site”) is 10,360 square meters in total.

C. After the extension on September 19, 2006, the Defendant completed the registration of ownership transfer on each of the above sections of the building of this case with respect to each of the sections of Articles 362, 363, 364, 365, 366 and 443, 443-1, 444 and 501 and 502 of the third floor (hereinafter “each of the instant sections”). On May 31, 2013, the Defendant completed the registration of ownership transfer on each of the above sections of the building of this case on the grounds of sale.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 (including virtual number; hereinafter the same shall apply), Eul evidence 1 to 5, and Eul evidence 7, the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment

A. On September 19, 2006, the Defendant’s summary of the Plaintiff’s assertion: (a) the third floor of the instant building is 6,15.83 square meters; (b) the fourth floor is 7,726.17 square meters; and (c) the fifth floor is 4,714.74 square meters in total; and (d) the film theater operates the part of the said 702.66 square meters; (b) the Defendant’s share of the site necessary for the ownership of the said extended area is 1,115.709 square meters in total (4,714.74 square meters in total ± 43,779.74 square meters in total ± 43,779.07 square meters in total x 10,360 square meters in total x 336.6 square meters in total; and (c) the share of the site acquired by the Defendant is insufficient.

Therefore, the Defendant is using 779.109 square meters among the site area without any legal cause. Therefore, the Defendant is the Plaintiff among the total sum of the rent (the period during which the rental fee appraisal was conducted) from June 1, 201 to May 31, 2013.