2. The costs of lawsuit are assessed against the plaintiffs.

A. The Plaintiffs are the co-owners of each underground-story shop among the stores of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul, which was constructed and sold by the oil industry development company (hereinafter “oiling industry development”), and are engaged in restaurant business directly or by leasing it at each of the above stores, thereby allowing the lessee to conduct restaurant business.

B. The Defendants are those who own one-story stores on the ground among the O stores as shown in the separate sheet, or engage in restaurant business at each of the above stores.

[Ground of recognition] Facts without dispute, Gap evidence 7-1 to 13, the purport of the whole pleadings

2. The plaintiffs' alleged development of the oil industry designated the type of business on each floor of the O commercial building and sold the first floor to sales facilities, such as clothes, and the management rules enacted and amended by the management body after the sale of the buildings restricted the type of business by floor, and the occupants have implicitly agreed to allow the above restriction on the type of business and operated the business.

Therefore, the Defendants, who are the sectional owners or lessees of O, are prohibited from running restaurant business at each shop of the first floor above ground in accordance with the agreement on the restriction of business types by floor.

3. Determination

A. According to the overall purport of Gap evidence Nos. 1, 2, and 7 (including serial numbers, if any; hereinafter the same shall apply) as to whether the sales contract for the O commercial building includes the contents of restricting the types of business by floor, and the purport of the whole pleadings, the first underground floor of the advertisement site produced at the time of the sale of the O commercial building is indicated as "P" and the first and third floors above the ground as "P", and the first underground floor as to the use of the building register for the O commercial building is indicated as "mechanic room, electricity room, parking lot, and second-class neighborhood living facilities (general restaurants)," and Article 10(1) of the Management Regulations prepared by the O commercial management office as to the operation of the building directly.