1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the first instance.

1. Basic facts

A. The building indicated in paragraph (1) of the indication of the attached real estate (hereinafter “instant building”) was completed on or around December 26, 2006 and the registration of ownership preservation was completed in the name of the Co., Ltd. in the name of the Co., Ltd. 1, 200.

B. The instant building was built with the third floor and the fourth floor above, and the upper floor is a commercial building, and the underground floor is a parking lot (the underground first to third floor is a pay parking lot, and the underground fourth floor is a public parking lot for the occupants of the instant building).

C. On November 15, 2013, the Plaintiff completed each registration of ownership transfer on the real estate indicated in paragraph (3) of the indication of attached real estate among the instant buildings, and on February 19, 2014, on the real estate indicated in paragraph (2) of the indication of attached real estate among the instant buildings (hereinafter “instant parking lot”).

The Defendant, pursuant to the Act on the Ownership and Management of Aggregate Buildings, is a management body of an aggregate building, the purpose of which is to manage the instant building, its site, and its appurtenant facilities. Of the first floor of the instant building, the Defendant occupied and used the portion of 17.617 square meters in the ship, which connects each point of the attached drawings Nos. 1, 2, 3, 4, and 1, among the underground floors of the instant building, as the management office managing the entire building of this case.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 2, Eul evidence 3, the purport of whole pleadings]

2. The parties' assertion

A. The management office of the Plaintiff’s assertion belongs to the section of exclusive ownership in the instant parking lot.

Therefore, the Defendant cannot occupy the instant management office exclusively for the purpose of the management office of the entire building of this case, and must deliver the instant management office to the Plaintiff, a sectional owner of the instant parking lot.

B. The defendant's assertion is the entire common part of the building of this case, and thus the plaintiff cannot respond to the plaintiff's claim.

3. Determination

A. As a matter of principle, whether a portion of a relevant legal doctrine condominium building is a section for common use is a building at the time of establishment of divided ownership.