1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff is the tenant and the sectional owner of the Seo-gu Daejeon Seo-gu apartment complex (hereinafter "the apartment of this case"). The defendant is an organization composed of representatives from each apartment of this case.

In the slope of the retaining wall installed near the eight-dong apartment of this case, 41 glux trees were located in the slope of the retaining wall, and 18glux bank trees (hereinafter referred to as "the instant tree") were located in the 3,5, and 7 glux group of the 3,5, and 18glux bank trees (hereinafter referred to as "the instant tree").

On January 12, 2015, the president of the defendant publicly announced the opening of a regular meeting with the content that the trees of this case are to be cut off to prevent the rupture of the building, such as the storm by typhoon and the retaining wall, and to prevent the rupture of the building.

In accordance with the above public notice, at a regular meeting held on January 16, 2015, the defendant passed a resolution to cut the trees of this case after obtaining the consent of the resident.

From January 27, 2015 to January 29, 2015, the Defendant investigated the pros and cons of the instant trees against the total of 280 households of the instant apartment from January 27, 2015, and expressed in writing the intent of 156 households to agree on the lumbering of the instant trees.

On March 9, 2015, the head of the management office of the apartment of this case concluded a contract for cutting down the tree of this case in D and 4,580,000 won, and D around that time filled down the tree of this case.

The statutes related to the instant case and the management rules of the instant apartment are as shown in the attached Form.

[Ground of recognition] The plaintiff's assertion of facts without dispute, Gap's evidence Nos. 2, 6, Eul's evidence Nos. 1, 4 through 6, and 11, and the purport of the whole pleadings is the joint ownership of the owner of the apartment building of this case, and the defendant puts the tree of this case illegally as follows.

The defendant is obligated to pay 40,00 won and damages for delay equivalent to the plaintiff's share out of the value of the tree of this case as compensation for damages caused by the tort to the plaintiff.

① The tree of this case is the section for common use.