1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Basic Facts

A. The plaintiff and the designated parties are sectional owners of 101 to 109 apartment buildings among Daegu Suwon-gu AA (hereinafter "the apartment complex of this case"). The defendants are sectional owners of 121 and 122 apartment buildings among the apartment complex of this case, as shown in the attached Forms 1 and 122.

B. The site of the apartment complex of this case is a building site and a building site of 40,978 square meters in Daegu Suwon-gu without distinguishing the apartment part from the apartment part.

C. DefendantO (ownership from January 2009 to 122 Dong 103), and Z (ownership from October 2003 to 122 Dong 205) operate stores in areas exceeding 7.50 square meters and 53.73 square meters in size on the registry of each household.

[The grounds for recognition] The facts without dispute, Gap evidence Nos. 2 and 3 (including the branch number; hereinafter the same shall apply), the assertion of the purport of the entire pleadings, and the plaintiff's assertion 1) The defendants have exclusive possession and exclusive use of the site area (building site area) corresponding to the common part, such as commercial buildings and commercial buildings, parking lots of commercial buildings, toilets, etc. among the apartment complex of this case. Therefore, the plaintiff is obligated to return to the plaintiff the compensation amount equivalent to the rent or unjust enrichment with respect to the part used by the defendants in excess of the aggregate of the site area. 2) In particular, the defendantO and Z have a duty to return the damages amount or unjust enrichment with respect to the part used by the defendants to the plaintiff. Since the area actually occupied and used as the store of the above defendants exceeds 7.50 square meters and 53.73 square meters on the register of the household owned by the above defendants, the plaintiff's unjust enrichment equivalent to the above excessive area should be returned.

Judgment

1. In a case where the sectional owners of one unit of building share the site of the building in determining whether to return unjust enrichment equivalent to the rent of the portion occupied in excess of the site against the Defendants or claim for damages, each sectional owner shall do so on the site unless there exist separate regulations.