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

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

1. The parties' assertion

A. The Plaintiff’s assertion is the owner of the first floor of the Yeongdeungpo-gu Seoul Metropolitan Government building No. 1085, 4.96 square meters (hereinafter “the instant real estate”). Since the Defendant occupied and used the instant real estate without authority, the Defendant is obligated to deliver the instant real estate to the Plaintiff and return the unjust enrichment from possession.

B. The part of the first floor of the defendant's assertion C is registered as sectional ownership of the plaintiff et al. on the register, but all boundary marks and building number signs, etc. that can be distinguished from the whole part at present cannot be the objects of sectional ownership. Ultimately, each sectional owner's co-ownership should be considered as co-ownership. Since the defendant occupied and used the real estate of this case based on a resolution approved by more than 3/4 of the co-ownership of the whole first floor, the plaintiff's claim of this case is without merit.

2. Determination

A. If part of one building of legal doctrine related to sectional ownership intends to be the object of sectional ownership, that part must be separated from not only the use of the part but also other parts in structure. The strictness of structural independence can vary depending on the situation of use or use. However, structural independence is required because it is necessary to clarify the scope of physical control over the object which mainly becomes the object of sectional ownership. Thus, if the scope of the object of sectional ownership cannot be determined by structural division, structural independence cannot be said to exist.

In addition, part of the building that fails to meet the physical requirements suitable for the object of the partitioned ownership cannot be established the sectional ownership right.

(see, e.g., Supreme Court Order 2009Ma1449, Jan. 14, 2010). However, with respect to a commercial building within a certain scope, Article 1-2(1)3 and 1-2(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”).