2. The plaintiffs remaining.

A. The Plaintiffs are married couple, and the Plaintiff A is a co-owner of the first floor No. 18-21.91 square meters, and the Plaintiff B is a co-owner of the first floor No. 19-5.22 square meters, among the sales facilities and multi-family housing (hereinafter “instant building”) on the 8th floor of Ulsan-gu, Ulsan-gu, Incheon-gu, an aggregate building (hereinafter “instant building”); and

The Defendant is a sectional owner of the first floor No. 12, 19.62 square meters among the instant buildings; and around March 2014, a store Nos. 28 through 43 of the first floor among the instant buildings (refer to the attached Shesheet drawings) among the instant buildings, and engages in food sales business, etc. in the trade name “E” by leasing each store from the owners.

나. 이 사건 시설물의 설치 피고는 이 사건 건물 1층 중 공용부분인 출입구와 그 통로에 별지⑴ 도면 표시 ㉮, ㉯, ㉰ 부분에 각 송풍기 및 송풍기 받침[같은 도면 ㈎항 기재 시설물], 냉장고[같은 도면 ㈏항 기재 시설물], 패널벽[같은 도면 ㈐항 기재 시설물](이하 위 각 시설물을 통틀어 ‘이 사건 시설물’이라 한다)을 설치하고 이를 피고의 마트 영업에 이용하고 있다.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, the result of on-site inspection by this court, the purport of the whole pleadings

2. The main sentence of Article 10(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) provides that “The section for common use belongs to the co-ownership of all sectional owners,” and Article 16(1) provides that “The matters concerning the management of the section for common use shall be determined by a resolution at an ordinary meeting, except in the case of the main sentence of Article 15(1).” However, each co-owner may engage in

According to the facts of recognition, the entrance and the passage of the 1st floor of the instant building where the instant facilities are installed are the sections provided for the common use by all sectional owners, and the Defendant’s entrance and passage, which are common use areas, are the common use areas.