1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is the owner of the F market building on the ground of E (hereinafter referred to as “market building”). The market building consists of four Dongs with G, H, I, and J consent. G, H, and I are only one floor, and there is a stairs leading to the second floor (current, the rooftop of the building) on the side of each gate of G, H, and I consent in preparation for the future extension.

The plaintiff, after July 1, 1978 when the above market building was newly constructed, divided the space in the above building into several types, signed a sales contract with the successful bidder by selling each partitioned business space (hereinafter referred to as the "unit store") to bidding and signing a sales contract with the successful bidder. The plaintiff is an incorporated association under the Civil Act for the purpose of managing the market building, maintaining and improving the facilities, and conducting other joint projects for market development by receiving subscription fees, membership fees, and other necessary expenses from the purchaser or its transferee as an employee.

B. From among the market buildings, the bidding date was set on September 17, 1981 with regard to 10 surplus stores, such as Gdong copstore (referring to the store located in the copon part of each consent; hereinafter the same shall apply), Hdong copon store, Idong copon store, G copon store (referring to the store located in the part adjacent to the interior stairs of each consent; hereinafter the same shall apply), 1 and 2, 1, 2, 1, 2, and 10 of J-dong stairs shop, and 45,277, 77, and 30,000,000 won, L means the Hdong copon store, and M means the 5,00,000,000 won, respectively.

(hereinafter “instant sales contract”). The above market building is unregistered, and the Plaintiff recognizes the exclusive right to use and dispose of the individual store sold in lots to the buyer. As such, in this case, the Plaintiff is the exclusive right to use and dispose of the store which is the object of the sale.

(c) currently Defendant B’s stores Glycopon;