1. The instant lawsuit shall be dismissed.

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

Basic Facts

On November 2, 2011, the Plaintiff is only the first floor No. 103 of Gangdong-gu Seoul Metropolitan Government C Apartment Complex Building (hereinafter “instant building”).

The purchase shall be made and the registration of ownership transfer shall be completed on December 30, 201.

around 2013, the Defendant leased No. 101 of the instant building and operated a coffee specialty store in the trade name D.

Attached Form which is the site for the building of this case

1. Attached Form among the land to be entered;

2. The land at the section 32 square meters in the place of a ship (hereinafter “the instant chemical site”) which connects each point of 1,2,3,4,5,6,7,8, and 1 each point of the drawings are the common areas of the instant building as its original unit. The Defendant, around 2014, transplanted the regratory timber planted in the instant chemical site, installed lighting lights, etc., and around March 20, 2015, installed a sidewalk block and lighting on the instant chemical site.

After that, the Defendant posted a soft, simplified table and chair on the news table installed in the part of the instant group.

[Grounds for recognition] Each of Gap 1-3, 4-1, 4-2, 6, and 7, and the purport of Gap 5-1-5, and Eul 2-1-2-5 as a whole.

Plaintiff’s assertion

The plaintiff asserts as follows as the cause of the claim of this case.

Although the chemical group of this case is a common part of the building of this case, it is decided at the management body meeting of this case by a resolution of at least 3/5 of sectional owners and at least 3/4 of voting rights in accordance with Article 15(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”), the defendant arbitrarily changed the chemical group of this case which is a common part without such resolution.

Therefore, pursuant to the proviso of Article 16(1) of the Aggregate Buildings Act, the Plaintiff, a sectional owner of the instant building, can claim restitution of the instant chemical that the Defendant arbitrarily changed to the original state as an act of preserving common areas.

At the request of the plaintiff, the defendant has the same lighting and news block as the attached Form 3 images installed on the file of this case on the plaintiff.