1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On October 9, 1998, the Defendant purchased 109 Simpo C apartment commercial buildings (hereinafter “instant commercial buildings”) from Hanyang Co., Ltd. and completed the registration of ownership transfer under the name of the Defendant as the receipt of No. 35357 on November 5, 1998.

B. The Defendant’s purchase of the instant shopping mall 109 square meters is 14.44 square meters in the area of the exclusive ownership. The Defendant occupies the portion of 3.75 square meters in the ship that connects each point of the attached Table 9, 1, 2, 3, 4, 5, 6, 10, and 9, in excess of his exclusive ownership.

[Ground of recognition] Facts without dispute, Gap evidence 6, Gap evidence 7 and the purport of the whole pleadings

2. The Plaintiff’s assertion is that 109 of the instant commercial building was sold to the so-called “open Building (open commercial building with no entrance and exit walls)” and the height thereof should not exceed 120 cm when the partition is installed pursuant to Article 12 of the instant commercial building management rules, and the Defendant has a duty to remove it since it was set up up up up up up up up up up up up up up up and up to the tent. In addition, since the Defendant occupies the instant commercial building beyond the section for exclusive use under 109, the Plaintiff should deliver this part to the Plaintiff, and the Defendant acquired profits equivalent to the rent for the instant common use without any legal cause so far, and thus, the Plaintiff is obligated to return this part to the Plaintiff as unjust enrichment.

3. Determination on this safety defense

A. In order to elect the representative of the management body of the commercial building of this case alleged by the defendant, each sectional owner of the commercial building of this case shall make a lawful notification of the appointment of the representative on the agenda and undergo the resolution procedure of the sectional owner attending the general meeting. Since D, claiming the representative of the plaintiff, did not go through such procedure, it cannot be deemed a legitimate representative of the plaintiff.

Therefore, it is true.