1. All appeals by the Defendants against the Plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendants.

The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for cases where the judgment of the court of first instance is accepted as follows, and thus, it is acceptable in accordance with the main sentence

From 5th to 11th, the dispute part of this case constitutes the part of the common use section provided for the common use only of the sectional owners of the 7th to 9th floor of this case where the bath of this case is located.

However, the other sectional owners or the management body of the shopping mall of this case explicitly or implicitly approved the installation and use of the facilities of this case in the dispute part of this case ( particularly the mechanical room of the first floor underground).

Therefore, the Defendants’ possession of the instant dispute is lawful.

In light of the following circumstances, the evidence presented by the Defendants during the first instance trial and the first instance trial alone is insufficient to acknowledge the above facts, and there is no other evidence to acknowledge them. In light of the above circumstances, the evidence presented by the Defendants is insufficient to acknowledge the above facts, and there is no other evidence to acknowledge them.

The above assertion by the Defendants cannot be accepted.

The part in the dispute of this case (the underground 1st, the second, the roof floor and the rooftop floor) is different from the bathing floor of this case (the seventh to nine floors), and the connected corridor, stairs, and the elevator can have access to the other sectional owners, etc. of the commercial building of this case through the connecting corridor, stairs, and the elevator.

In addition, the first, second, roof, and rooftop floors are installed with parking lots, management rooms, mechanical rooms, water tanks, etc., and are also used as a place for evacuation in the event of a fire, it is reasonable to deem that they are offered for the public use by all sectional owners of the instant commercial building.

The defendants also recognize that the remaining parts of underground floors excluding the dispute portion of this case among underground floors 1, 2, roof floors and roof towers fall under the entire section for common use.

In the building ledger concerning the sectioned building of the commercial building of this case, the area of the dispute of this case is different.