1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On October 2007, the Plaintiff owned the partitioned ownership of the building D or E in lots among the three floors of the Gangnam-gu Seoul Metropolitan Government C building (hereinafter “instant building”) and operated the ditch with the trade name “F” in the said building.

B. On May 20, 2016, Nonparty G, the spouse of the Defendant and the Defendant, purchased from the Plaintiff, the instant building D, H, and I (hereinafter collectively referred to as the instant building, and the individual heading number is specified as the number of heading rooms) for KRW 3,600,000, and completed the registration of ownership transfer for each of the instant one-half shares among the instant commercial buildings.

C. However, the outer wall of the part I and J of the instant building, unlike the completion drawing, was built in line with the section for common use of the instant building (attached Form IV, 5, 6, 4 in line with each point, and 6, 7, 8, 6, and 6 in line with each point). The Plaintiff was leased and used the said section for common use from the management body of the instant building. On November 2, 2016, the said management body notified the Plaintiff that the lease contract for the said section for common use was terminated, and sent an official letter demanding restitution.

Location: The wall part of the above location contracted on May 20, 2016 in Gangnam-gu Seoul Building D, H, I, and May 20, 2016 shall be clearly identified by mutual agreement.

After the transfer of ownership, the seller shall install internal barriers between the section for exclusive use and the section for common use in the first place after the transfer of ownership.

The buyer shall remove the outer wall (current outer wall) of the wall of the first wall.

(In case of removal of the outer wall, it shall be under the responsibility of the buyer).

With respect to the restitution of the above section for common use, the Plaintiff, the Defendant, and G drafted on November 7, 2016 a letter of undertaking (hereinafter “instant letter of undertaking”) with the following contents.

E. The Plaintiff is the Plaintiff.