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1. Revocation of a judgment of the first instance;
2. For the plaintiffs:
A. Defendant A shall be listed in [Attachment 2] Nos. 1, 2, 5, and 6.
Reasons
1. The reasoning for the explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act
2. Judgment on the issue
A. The key plaintiffs are each real estate of this case listed in the separate sheet No. 2 list.
Since the act of preserving common areas of the instant apartment, which is an aggregate building, is an act of preserving common areas of the instant apartment, and seek against the Defendants the preservation registration of the instant apartment and the cancellation of the registration of the instant transfer, the issues of the instant case are the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act
(b)The issue of which portion is an aggregate building or a section for common use shall be determined at the time when divided ownership is established, that is, as a matter of principle, at the time when the entire building is completed and registered in the building ledger for the relevant building. It shall not affect whether the building is a section for exclusive use or a section for common use. Whether a part of an aggregate building is provided for the public use of all or part of the sectional owners shall be determined by objective use according to the structure of the building unless there is an agreement among the owners (see, e.g., Supreme Court Decision 2006Da56565, Jul. 12, 2007; Supreme Court Decision 2006Da565, Jul. 12, 2007; Supreme Court Decision 2006Da56565, Sept. 12, 208; Decision 2007: Whether each of the instant real estate constitutes a section for common use should be determined based on objective use according to the structure of each of the instant real estate at that time.
On the other hand, the divided building part in order to become the object of sectional ownership shall have independence in structure and use, and the building part shall be the object of sectional ownership.