1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

On January 5, 2016, the Plaintiff asserted that the cause of the claim occurred. On January 5, 2016, 2016, the Plaintiff acquired the ownership of B 138 square meters (hereinafter “instant land”). The instant land is a parking lot in Jinju-si, CDar (hereinafter “instant order”) and falls under the section for common use of an aggregate building, and pursuant to Article 17 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”), the Defendant, a co-owner of the instant order, is obligated to pay the Plaintiff, who is the owner of the instant land, a user fee for the instant land in proportion to his co-ownership.

Facts of recognition

The Plaintiff acquired the instant land in the public sale procedure on January 5, 2016 and completed the registration of ownership transfer on January 11, 2016.

The defendant is the owner of the first floor No. 201 of this case.

The instant land is in contact with the other boundary line of 1,365 square meters in Jinju-si, Jinju-si, a site for the instant land.

The land in this case has been created a fireproof team and only part of the remainder remains as a vacant lot. There is no wall, etc. to know the boundary between the factory site and the site of the instant construction, and some of the residents of the instant construction parked in the vacant lot.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 3, 5, 6, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and video, and the purport of the whole pleadings, Article 2 subparag. 4 of the Act on the Ownership and Management of Aggregate Buildings provides that "a building other than the section for exclusive use, building appurtenances not belonging to the section for exclusive use, and building appurtenant to the section for common use pursuant to Article 3(2) and (3)", the land of this case shall not fall under the section for common use under the Act on the Ownership and Management of Aggregate Buildings.

In addition, Article 2, subparagraph 5 of the Act on the Ownership and Management of Aggregate Buildings is the land on which one building to which the section for exclusive use belongs and the site of the building according to Article 4.