소유권말소등기
1. On the basis of the primary claim added at the trial, the defendant as to the real estate stated in the separate sheet to the plaintiffs.
1. Facts of recognition;
A. The plaintiffs own each of the households of S apartment units in South-gu R (hereinafter "the apartment units of this case") at the time of the port of port that the defendant company newly built and sold at around July 1980, as follows:
The household owned by the Plaintiff Nos. 1 A 101, 9 I 301, 2 B 102, 102, 302 J 302, 303 C 103, 4 D 11, 305, 12 L 305, 5 E 201, 501, 14 N 502, 503, 7 G 203, 505, 8 H 205, 505
B. Meanwhile, on July 24, 1980, the Defendant Company completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) on the instant underground room falling under the underground floor, warehouse, and boiler room part of the instant apartment complex under the Daegu District Court’s 28277, and completed on March 7, 2016, sold the instant underground room to Defendant P, and completed the registration of ownership transfer on March 22, 2016.
C. At the time of the construction of the instant apartment, the heating method of the instant apartment was used as a boiler room and a warehouse. However, as the heating method of the instant apartment changed from the central heating to the individual heating, it is used mainly for the purpose of the public warehouse, the residents’ personal goods storage, etc., and the entrance installed in the instant underground room is not repaired without being destroyed. Moreover, there is no trace that the Defendant Company or the Defendant P installed water facilities, heating facilities, and toilet pipeline facilities in the instant underground room or separately used and managed the instant underground room.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1 and 2 (including satisfy numbers; hereinafter the same shall apply) and images, witness of the first instance court, witness of the first instance court, the result of on-site inspection conducted by the court of first instance, the purport of the whole pleadings
2. In light of the structure and purpose of the plaintiffs' claim, the underground room of this case is the common area provided for the common use by all sectional owners of the apartment of this case.