행위(사용)금지 등
1. The judgment of the court of first instance is modified as follows.
Attached Form
1. Attached Form 1 among the underground floors of the real estate stated in the real estate list.
1. The reasoning for this Court’s explanation is as follows: (a) except for the case where the part of “(based on recognition”) Nos. 1 and 2 under the table No. 9 of the judgment of the first instance (based on recognition) is used as indicated below, the corresponding part of the reasoning of the judgment of the first instance is the same as that of the judgment of the first instance; and (b) thus, it is acceptable in accordance with the main sentence
A person shall be appointed.
F. 1) The relationship between the instant commercial building and apartment building 1) consists of the 4th underground and the 2nd ground surface, while the parking space also consists of 3 and 4th underground, apartment (O building) consists of 6 units, and the parking space of the 4th underground and the 5th underground floor is separately equipped with the parking space of the 5th underground floor as the parking space used by apartment residents. 2) In the case of apartment, the council of occupants' representatives is constituted separately from the instant commercial building. The underground floor, which is the common area at issue in the instant case, is only used by the occupants and the commercial customers of the instant commercial building, and the apartment residents shall not be used.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4 through 10, Eul evidence Nos. 1, 2 and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs asserted that they are identical to the purport of the instant claim on the following grounds.
① Annex 2 management office (hereinafter “instant management office”), Annex 2 (B) and Annex 3 (hereinafter “the instant part caused by the instant disaster”), and the 3 and 4th underground of the instant commercial buildings belong to the co-ownership of the sectional owners of the instant commercial buildings, as the section for common use (hereinafter “the instant part”).
② Defendant D acquired rent profits by using or leasing the dispute portion of this case.
③ Defendant E leases and uses the management office of this case, the instant savings, and the amount caused by the occurrence of a disaster from Defendant D.
④ The Plaintiffs are the shopping districts of this case.