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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the following “the second order”, and thus, it is acceptable in accordance with the main sentence of Article 420
2. Sub-paragraph 2(c) of the judgment of the court of first instance (part 2(3) of the judgment of the court of first instance 9 to 11(2)) is as follows.
Article 10(1) of the “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: Provided, That the section for common use which is obviously provided only to the co-ownership by some sectional owners shall belong to the co-ownership of all sectional owners.” hereinafter referred to as “total section for common use” and the section for common use provided only to the co-ownership by some sectional owners is referred to as “part for common use.”
A) Whether a certain part of an aggregate building is a section for exclusive use or a section for common use should be determined at the time of establishment of a divided ownership. The subsequent alteration of a building or change of use status may not affect whether it is a section for exclusive use or a section for common use. Whether a part of an aggregate building is provided for common use by all or some of the owners of a divided ownership or a section for common use should be determined by the objective purpose according to the structure of the building, unless otherwise agreed by the special group among the owners (see, e.g., Supreme Court Decision 2004Da30279, Jun. 24, 2005). Before the completion of a divided building, if objective intent to divide a building that is to be newly built into a section through an application for building permission or a contract for sale in lots is expressed, the act of division may be recognized, and if the building and a section corresponding to the division are completed objectively and physically, the building is registered in the aggregate