1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.

Basic Facts

G building construction of G building and establishment of H corporation shall be classified into “this case I building” and “this case building” according to the lot number of each site not exceeding one aggregate building constructed on the land of 1st floor underground and 3rd floor on the ground of Jung-gu Seoul Special Metropolitan City, Jung-gu 1, 738.9 square meters and JJ 3,002 square meters, around May 1980, according to each lot number of land less than one aggregate building constructed on the ground of 1st floor and 3rd floor on the ground.

c. The above building is registered as a separate building on the register, but is connected with each other. Since around 2000, essential facilities such as substations, mechanical rooms, air conditioners, and air conditioners are jointly used, and more than 40 stores are composed of independent 400 stores for the purpose of use.

The building of this case is a 400 clothes sales store subject to sectional ownership from the first to the third floor of each ground at the time of the new construction, and only the underground first floor is " underground" in the underground floor.

It has consisted of stores such as doorp houses subject to divided ownership, and common areas such as underground parking lots, transformers, mechanical rooms, telecommunications rooms, and stairs rooms.

At the time of the completion of registration of preservation of ownership of the building in this case, the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Act on Ownership and Management of Condominium Buildings")

As a relation that had been enforced before this enforcement, "not more than each of the above stores on the ground and underground subject to divided ownership" of the building in this case is "each of the separate stores in this case."

In the title section of the registry of each sectional store, in addition to the section for exclusive use of the relevant sectional store, certain areas of underground and rooftop were registered together.

However, as above, the ratio of shares in which the area of each underground section in the register of separate stores accounts for the total area of 1,217.28 square meters registered in the registry of each of the instant divided stores, among the total area of 1,217.28 square meters, shall be the exclusive ownership of each of the respective sections of exclusive ownership in the instant separate stores