A. The Plaintiffs are the co-owners of Cheongju-si E apartment shopping mall (hereinafter “instant shopping mall”) F and G owners, and the Defendants are the co-owners of H of the instant shopping mall.

B. Of the real estate listed in the attached list, the part (a) part (a) and 13 square meters in the ship connected in order to each point (hereinafter “instant stairs part”) was the entrance of emergency stairs connected underground from the first floor of the instant commercial building, and the Defendants installed structures, such as walls and roof, arbitrarily on that ground.

【Ground of recognition】 The fact that there has been no dispute, each entry and video of Gap 1 through 6 (including family number, if any) and the purport of whole pleading

2. Determination

A. Whether a portion of an aggregate building is a section for common use or a section for common use should be determined at the time of establishment of a divided ownership, namely, as a matter of principle, at the time when the entire building was completed and registered as a divided building in the building ledger of the building in question. Accordingly, the subsequent alteration of the building or the change in the use status, etc. may not affect whether a section for common use or a section for common use is a section for common use (see, e.g., Supreme Court Decision 91Da46151, Apr. 10, 1992). In addition, a section for common use of an aggregate building belongs to the co-ownership of all sectional owners.

Only where it is obvious that it is the co-ownership of the sectional owners [Article 10(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter only referred to as the "Aggregate Buildings Act")], and the issue of which part in an aggregate building is provided for the public use of all or part of the sectional owners shall be determined by the objective purpose according to the structure of the building, unless otherwise agreed by the owners (see, e.g., Supreme Court Decision 2010Da26097, Apr. 28, 201). 2)