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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The real estate listed in the separate sheet (hereinafter referred to as “D”) was newly constructed in around 1980 on the size of the first basement and the fifth floor above ground. The underground floor, the first floor, the second floor and the third floor were classified by units, and the fourth and the fifth floor were classified by floors and registered in the collective building ledger.
B. A fire, etc. that occurred due to excessive use of electricity by shop occupants, in around 1995, most of the walls or sectional facilities on the underground floor and the first and second floors were removed, and their structural independence was lost.
C. On January 7, 2014, Defendant B, who was a sectional owner of two floors, leased to E a lease deposit of KRW 60 million, KRW 4.4 million, KRW 4.4 million, KRW 5 million, and KRW 5,000 from January 10, 2014 to October 17, 2016, including (a) part of the attached map No. 1,2,3,4,5, 6, 7, 8, and 1; hereinafter referred to as “instant store”). The period of lease of KRW 60,000,000, KRW 44,000,000, KRW 17.52,000,000 from January 10, 2014 to October 17, 2016.
E, after leasing the instant store, had operated business from March 2014 to March 2014, removed existing business facilities and installed new business facilities in the instant store.
Defendant B notified the termination of the above lease agreement on the ground of the structural change of E, and filed a lawsuit against E with this Court No. 2014Gadan12345, and the Plaintiff filed an independent party participation lawsuit by this Court No. 2015Gadan22967.
On July 17, 2015, this Court rendered a judgment to deliver the instant store to Defendant B, and dismissed the Plaintiff’s application for intervention by the independent party. The said judgment became final and conclusive around that time.
[Reasons for Recognition] Facts without dispute, Gap 2, Eul 11, and 12, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. The plaintiff asserts that the second floor loses the independence of the structure of each partitioned building, and D is jointly owned by the sectional owners of the second floor. The defendants, which are merely sectional owners, are E.