건물인도
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the following determination as to the allegations added by the plaintiffs in this court, and thus, it is acceptable in accordance with the main sentence of Article
(A) The Plaintiff asserts that the part added on February 2, 200 to the court below's findings and determination is justifiable even if considering the evidence submitted by this court. The Plaintiffs claim for the delivery of the part possessed by the Defendants as an act of preserving common areas by the sectional owners pursuant to the proviso of Article 16 (1) of the Act on Ownership and Management
In order to be applied by the above law, the building of this case should be the object of partitioned ownership.
In order to establish sectional ownership of one building, there exists one building in an objective and physical aspect, the separated part of the building should be independent in its structure and use, and the physically partitioned part of the building should be the object of sectional ownership. The act of sectional ownership is a kind of legal act that intends to divide a specific part of the building into the object of sectional ownership without changing the physical form and quality of the building. It does not have any special restriction on the timing and method, but is recognized as being objectively displayed from the point of view of the disposal authority’s own intention (see Supreme Court en banc Decision 2010Da71578, Jan. 17, 2013). There is no clear evidence to deem that there was an act of sectional ownership (the plaintiffs are nothing more than the plaintiffs).
3. In conclusion, the plaintiffs' claims should be dismissed in entirety due to the lack of reasonable grounds.
The judgment of the court of first instance is concluded.