1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a sectional owner holding No. 345, 346, 364 among the nine floors of a building (F building; hereinafter referred to as the “instant aggregate building”) listed in the attached Table located in Guro-gu Seoul Metropolitan Government E.

B. The instant aggregate building consists of 40 stories above ground and 7 stories above ground, and each floor is divided into several parts of exclusive ownership as shown in the annexed drawing. In the aggregate building register, 14.28§³, such as stairs, corridors, elevators, holes, etc., are registered in each floor of the instant aggregate building as common areas.

C. Defendant B and C occupy a corridor among each section of exclusive ownership leased in the course of operating a wedding hall in the name of “G” among the 374 units of the 7th floor of the instant condominium building, and Defendant D possessed a corridor among each section of exclusive ownership leased in the course of operating the wedding hall. Defendant D owned a corridor between each section of exclusive ownership leased in the course of operating the wedding hall in the trade name of “H” among 380 unit of the 8th floor of the instant condominium building.

【Ground of recognition】 The fact that there is no dispute, entry in the evidence of No. 1-1, 1-2, 1-3, A6-1, 6-2, and 6-3, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. According to the main sentence of Article 15(1) of the Act on the Ownership and Management of Aggregate Buildings and the main sentence of Article 17(1) of the Regulations on the Management Body of Aggregate Buildings, matters concerning the change of common areas shall be determined by a resolution of at least 3/4 of sectional owners and at least 3/4 of voting rights at the managing body’s meeting.

The stairs, corridors, elevators, holes, etc. which are common areas of each floor of the aggregate building of this case are all common areas not for partial common areas for the owners of the relevant floor.

However, the Defendants did not follow the above procedure and used the entire section for common use on the 7th and the 8th floor of the instant condominium building, which was the same as the specification in the attached drawing at the time of the lease contract, as the appearance and structure of the said building, or as the exclusive space of the Defendants, after changing its function

Therefore, the plaintiff is an act of preserving the article jointly owned.