The defendant shall be innocent.

1. The Defendant is a person who operates DKafac in the commercial building of Gwangjin-gu Seoul Special Metropolitan City apartment complex C.

around 08:00 on May 23, 2015, the Defendant: (a) caused E, a removal business entity, to remove ventilation facilities owned by all the divided owners of the apartment C, on the ground that the ventilation facilities of the said commercial building installed in front of the said commercial building were set a carcle; and (b) destroyed them.

2. Determination

A. The section for common use, in principle, belongs to the co-ownership of all sectional owners.

However, the common areas clearly provided by only some sectional owners belong to the co-ownership of the sectional owners (Article 10(1) of the Act on the Ownership and Management of Aggregate Buildings). According to the records of this case, C buildings (hereinafter “the building in this case”) are the five underground and the 1st floor above the 25th floor above the ground, and the 1st floor above the ground were the commercial buildings. The 101st floor above the 101st floor above the building in this case was originally "F," the 101st floor above, 101, 108, 109, and 109, and the 10th floor above were separated from the above 10th floor connected to the above separated 101 building (the 10th floor above was separated from the 10th floor above, the 10th floor below the 10th floor and the 10th floor below the 10th floor connected to the above removal of the 10th floor and the 10th floor below.