1. The instant lawsuit shall be dismissed.

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

Basic Facts

The plaintiff is the owner of 3/4 shares in neighborhood living facilities, commercial buildings in Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as "the building of this case").

On the 1st floor of the instant building, “D” has been occupied by a mutual convenience store, and around March 2009, the street store (hereinafter “instant street”) was installed in the adjacent part of the said convenience store among the Gangseo-gu Seoul Metropolitan Government roads (hereinafter “instant roads”) and started packing horse business.

On December 23, 2011, the Plaintiff requested the Defendant to regulate the street points of this case. On December 28, 2011, the Defendant respondeded the Plaintiff to the effect that “the operator of the instant street store was urged to voluntarily maintain the street points by January 10, 2012, and the Plaintiff would withdraw measures, such as compulsory collection, if the illegal business continues in the future.”

On March 9, 2015, the Plaintiff again requested the Defendant to control the street points of this case, and the Defendant respondeded on April 30, 2015, to the effect that “The Plaintiff may take a certain period of time to move the street points to a alleviated area, or to select a moving place.”

On August 4, 2015, the Plaintiff filed a civil petition to the same purport again, and the Defendant, on August 20, 2015, intended to move the instant old point to a alleviated area, but failed to move opposite to the shop and residents in the mobile area. The Plaintiff directed the voluntary rearrangement of the old point in this case, and responded to the purport that it would be immediately enforced upon non-performance.

On August 31, 2015, the street store in this case was moved to the E Ministry of Gangseo-gu Seoul Metropolitan Government, which is an area subject to the relaxation of pedestrian inconvenience.

[Ground of recognition] Unsatisfy facts, Gap's statements and images as to Gap's Nos. 1, 2, 3, 7, 9, 10, 11, 12, 13, and 17, Eul's overall purport of defense, and the plaintiff's claim for removal or movement of the Nos. 1, 2, 3, 7, 9, 10, 12, 13, and 17.