The costs of lawsuit shall be borne by the plaintiffs.

A. The Seocho-gu Seoul Metropolitan Government D Building (hereinafter “the instant building”) is an aggregate building consisting of 19 floors above the eight-story above ground.

B. The Plaintiffs, among the instant buildings, hold 1/2 shares of E, F, ground G, H, and I, respectively, and Plaintiff B is a separate owner owned by J as the sole owner.

(c)

As a company running a general accommodation business and a living accommodation business, the Defendant entered into a lease agreement with each sectional owner with respect to 165 houses (19 floors from the second floor) among the instant buildings.

The defendant used the above heading room as accommodation and operated a hotel.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiff and defendant's assertion

A. The Defendant engaged in the Plaintiff hotel business, and occupied and used common areas, such as hotel conduits, parking lots, corridors, warehouses, conference rooms, toilets, and elevators, which are common areas of the instant building, exclusively without a legitimate title.

Therefore, the defendant is obliged to return to the plaintiffs the profit equivalent to the rent.

B. Defendant 1) As seen earlier, the Defendant is entitled to use the section for common use as the lessee who leased a house from each sectional owner. The Defendant uses the section for common use of the instant building within the extent necessary for operating the hotel according to the resolution of the management body meeting of the instant building. As such, the Defendant has a legitimate title to possess the said section.

Even if the defendant has no legitimate authority to do so, the defendant has the right to receive negligence as a possessor in good faith.

2) Since only until November 13, 2018, the Defendant operated a hotel in the instant building and used the section for common use, the Defendant did not thereafter possess or use the section for common use.

In addition, the hotel operated by the defendant is operated by the elevator or stairs.