1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 17, 2014, the Plaintiff purchased “D” buildings with nine underground floors and twenty-three underground floors on land outside Daegu-gu, Daegu-gu and one parcel (hereinafter “instant building”) and completed the registration of ownership transfer in its name on June 17, 2014.

B. On February 2, 2017, the Plaintiff completed the registration of the modification of the said building into an aggregate building in order to sell the instant building that had been previously owned by a single building by dividing it into an aggregate building.

The details of the partitioned buildings of the first and fifth floors are as follows.

5 stories (E heading to F) 2 stories, 1 (G heading) 3, 4 (I), 5 stories (Jhoho, K, L, M)

C. On October 25, 2017, the Defendant purchased 9 billion won in total (excluding the value-added tax on the building) the 5th floor of the instant building. Article 1 of the sales contract prepared at the time is as follows.

Article 1 (Sale) The seller sells to the buyer real estate (specific details refer to attached Form 1; hereinafter referred to as "sale subject matter") not exceeding the real estate (referred to as "the subject matter of sale") among the buildings located in Daegu-gu Seoul Metropolitan City D (hereinafter referred to as "this building"), and the buyer shall purchase it from the seller

The contract area for exclusive use by the exclusive use area of the 5th floor is 2,312.97 square meters on the 5th floor, 206.99 square meters on the 441.78 square meters on the 5th floor, and the contract area is less than the 441.78 square meters on the 5th floor on the 5th floor, and the contract area may be partially changed at the time of the registration of division

The defendant completed the registration of ownership transfer on December 13, 2017.

On the other hand, the plaintiff is the defendant.

On September 27, 2017, before entering into a sales contract of a port (hereinafter “instant sales contract”), a lease agreement was concluded with N Co., Ltd. (hereinafter “N”) on the lower part of the first floor of the instant building (the mark of the contract object is as follows). Of the above part, the part marked with the right broom (hereinafter “the part of the dispute passage”) is on the passage, which is the section for common use.