1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Basic Facts

The following facts shall be either a dispute between the parties, or obvious or significant to this court in the record:

In around 1979, the first building construction of the I building (hereinafter "the building in this case", and each of the stores subject to sectional ownership of the building in this case) was newly constructed on the J, K's land and the third floor size of the ground, the first and third floors above ground were 400 stores subject to sectional ownership at the time of the new construction, and the first underground floor was composed of the stores and parking lots subject to sectional ownership, transformation rooms, machinery rooms, communications rooms, etc.

Among each of the instant sections, the underground floor Nos. 9, M, N, and O (hereinafter “the original shop of this case”) located underground of the Seoul Jung-gu J land (hereinafter “J land”) was attached to the underground parking lot, which is the common area. Among them, fire walls were installed, and the section for exclusive use of the instant original store and the section for common use of the instant building were divided between them.

After the development process of the section for common use of underground floors, fire walls were removed as the underground parking lots of the building of this case were developed, and the installation works of the store of this case were also conducted as well.

In this process, 30 stores (AC through AD, AE through AF, AG through AH, AI or AJ, hereinafter referred to as “instant allocated stores”) were allocated to the owners of the original stores.

(However, the actual sectional ownership registration has not been made for each of the above stores). However, among the allocated stores of this case, the part of the seven stores (AK, AF, AG, AG, AL, AM, N, AJho), six stores (AO, AP, Q, AR, AI, and AS) are located at a place where the underground parking lot, which is a common area, was located at the fire wall boundary, and "the part of the assigned stores of this case, occupied underground parking lots which are common areas among the allocated stores of this case."