1. The part of the judgment of the court of first instance against the defendant shall be revoked.

The plaintiffs' claims corresponding to the cancellation part are all filed.

Basic Facts

According to the lot number of each site less than 1st underground and not more than 2nd apartment buildings constructed on each ground of Jung-gu Seoul, Jung-gu, Seoul and BU in 1979 for the new construction of the BR market building and the establishment of the BS market building, "the building of this case" and "the building of this case shall be classified into 2 units, and if 2 units are installed together, the building of this case" is "the building of this case.

As a building registered as a separate building on the register, it is connected with each other, and it is a commercial building which consists of 400 stores independent of the usage structure and is used jointly with essential facilities such as transformation rooms, mechanical rooms, air-conditioning and heating facilities since 200.

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, is occupied by the area of each of the separate stores. The area of each of the exclusive sections