The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

The grounds of appeal are examined.

1. In order to establish sectional ownership for one building, there exists one building in an objective physical and physical aspect, and separate parts of the building should be independent in structural use, and physically partitioned parts of the building should be the objects of sectional ownership;

(See Supreme Court Decision 98Da35020 delivered on July 27, 199, etc.). The act of subdivision is a kind of legal act, without changing the physical form and quality of a building, intended to divide a specific part of the building into objects of separate ownership under the legal concept, and is not subject to any special restriction on the time and method, but is recognized when the intention of the disposal authority’s independent intention is objectively indicated, and when a single building and a sectioned building corresponding to the act of subdivision are completed objectively and physically, sectional ownership is established at that time.

(see, e.g., Supreme Court en banc Decision 2010Da71578, Jan. 17, 2013). As long as sectional ownership is established, a sectional building that has been completed objectively and physically corresponding to the division act regardless of the indication of the registered matters on the collective building ledger or of the registered matters on the register, is the object of the sectional ownership.

2. According to the reasoning of the lower judgment and the evidence duly admitted, ① construction of the instant commercial building by obtaining a building permit on August 17, 1981 with respect to the instant commercial building by obtaining a building permit. ② At the time of the construction of the instant commercial building, the constructor constructed concrete columns and beams, etc. in accordance with the design drawings for which the construction permit was granted; and ② the boundaries of two stores are divided into concrete columns and beams, and the boundaries of two stores are divided into subparagraph 2 by dividing the area of 9.5 square meters into two stores; ③ the area of the instant building located in the location adjacent to the store under subparagraph 1 and subparagraph 2 is 9.5 square meters.