1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

In the first instance court, the plaintiff filed a claim for removal of electric power distribution facilities installed in the plaintiff's store and the restoration and delivery of the existing passage part. Accordingly, the first instance court's judgment accepted only the above claim for removal of electric power distribution facilities and dismissed all the remaining claims. The plaintiff only appealed against the part against which the plaintiff lost. The defendant did not appeal.

Therefore, the scope of the judgment of this court is limited to the recovery and delivery claim of the existing passage, which is the part of the plaintiff's appeal.

With respect to this case, this court's reasoning is the same as the reasoning of the judgment of the court of first instance, except for partial dismissal or addition or deletion as follows. Thus, this court cites it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From 6th to 7th to 3th to 6th to 1st to 6th to 1st to 1st to 7th to 1st to 2

According to Article 15 (2) of the Aggregate Buildings Act, if the change of the section for common use has a special effect on the rights of other sectional owners, the consent of the sectional owners should be obtained.

Nevertheless, without the Plaintiff’s consent, the Defendant closed the part of the existing passage from the Plaintiff’s shop to the central Esplate or subway history from among the 1st underground floors, which are common areas, and brought about serious obstacles to the passage of the Plaintiff’s shop by setting up the Plaintiff’s shop as an island.

In addition, although all separate stores of the 1st floor of this case at the time the Plaintiff purchased a store owned by the Plaintiff was limited to the “continuation” type, the Defendant is obliged to accumulate the Plaintiff’s business benefits by changing the section for common use, including the existing passage part, for the purpose of changing the designation type of the 1st floor to any other type of business rather than the “continuation” without the Plaintiff’s consent.