1. The plaintiff's claim is dismissed.

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

1. On June 2014, the Plaintiff: (a) acquired sectional ownership under the Ctel in Gyeyang-gu, Gyeyang-gu (hereinafter “instant officetel”); (b) previously, the instant officetel management office installed temporary structures (ware) in the order of priority among the common areas of the second floor of the instant officetel in the part connected with each point of 1,2,3,4, and 1; and (c) from around 2017, leased the said temporary structures to others; and (d) the Plaintiff sustained damage, such as noise, sunlight blocking, air conditioning, etc.

On August 2018, the Plaintiff attended the meeting of the instant officetel management body and appealed for circumstances. The Plaintiff sent content certification to all the members of the management body, but no response exists. Therefore, the Plaintiff, the representative of the management body, filed a claim for damages due to the removal of the said temporary materials and the said temporary materials.

2. The removal of a board-to-door, a structure, etc. can only be claimed against the person who has the legal or de facto right to dispose of the article in question. There is no evidence to deem that the defendant is in such status.

Rather, even according to the Plaintiff’s assertion itself, the temporary materials for which the Plaintiff seeks removal are installed in common areas by the managing body of the instant officetel, and is merely deemed to be the objects for which the right of ownership or disposal is recognized to the instant officetel managing body.

(Inasmuch as the corporate personality of the management body and its representative is strictly distinguishable, the right to dispose of the instant officetel cannot be recognized even if the Defendant is the representative of the management body of the instant officetel). Furthermore, the Plaintiff’s assertion alone cannot be deemed to have committed any unlawful act against the Plaintiff.

Therefore, the plaintiff's claim is without merit for further examination.

3. The plaintiff's claim is dismissed.