A. The Yeongdeungpo-gu Seoul Metropolitan Government F apartment (hereinafter “instant building”) is an aggregate building of the size of the 4th underground and the 16th ground, which is defined in the Act on the Ownership and Management of Aggregate Buildings, composed of sales facilities and neighborhood living facilities from the 1st to the 3rd ground, and apartments from the 4th above ground to the 16th above ground (hereinafter “Aggregate Buildings Act”).

B. The Plaintiff is the sectional owners of 122 rooms, including No. 2, No. 135, and No. 136 of the first floor of the instant building, and Defendant B and E are the sectional owners who own 1/2 shares of 61 units, including No. 100 of the first floor of the instant building.

C. On January 27, 2010, Defendant C and D included the part, not owned by Defendant B and E, in the leased object as well as the part, not owned by Defendant B and E, in the above leased object, including 100-122, 136-180, 181A-181G units, etc.

에 관하여 임대차보증금 7,500만 원, 월 차임 800만 원으로 정한 임대차계약을 체결하고, 2010. 2. 18.경부터 이 사건 변론종결일 현재까지 위 75개 호실에다가 이 사건 건물 지하1층 복도의 일부인 청구취지 기재 ㉮ 내지 ㉸부분(도면에 그물망 표시를 한 부분으로 면적 합계 312.44㎡, 이하 ㉮ 내지 ㉸부분을 ‘이 사건 계쟁부분’이라고 한다)까지 포함한 별지 도면 표시 왼쪽 공간 일체를 하나의 사업장(직업전문학교)으로 배타적으로 점유ㆍ사용하고 있다. 라.

On April 1, 2012 without changing the status of possession, Defendant C and D entered into a lease agreement with G on KRW 3,00,000,000 for the lease deposit and KRW 2,350,000 for monthly rent, with the exception of KRW 137,146-153, and KRW 84.11,00 for the lease deposit among the above lease portion, and between Defendant B and E on April 29, 2012, the said nine rooms and KRW 136,181A, and KRW 10-122,00 for the lease.