1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Basic Facts

The real estate listed in the attached list 1 (hereinafter referred to as the “instant building”) is the 18th floor above ground subject to the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”) constructed on the land in Seongdong-gu Seoul Metropolitan Government around 1999, and the apartment, the 1st floor above ground and the 2nd floor above ground to 18th floor above ground as the aggregate building of the 4th floor above ground, the 1st floor above ground, the 1st floor above ground, the commercial building and the parking lot, and the 2nd to 4th floor

Plaintiff

B is the sectional owners of the commercial part of the instant building (hereinafter “instant commercial part”), and the Plaintiff A shopping mall (hereinafter “Plaintiff shopping mall”) is an organization consisting of the occupants of the instant commercial part. The Defendant is an organization consisting of the sectional owners of the apartment part of the instant building (hereinafter “instant apartment part”).

The building of this case was approved for use on April 30, 199. The building of this case is installed with 6th, 6th, 6th, 6th, 2nd, 3rd underground, 56th, and 49 parking lots which can park cars on the third underground and 4th underground, respectively. On the 3rd and fourth underground of the building of this case, in addition to the above parking lots, storage, central monitoring room, machine room, electricity room, and public stairs connected to the entire floor of the building and elevators, etc. (hereinafter “facilities, such as warehouses”).

The part that ends (attached Form 12) as a slope connecting the first underground floor and the second underground floor of the building of this case (the part that connects (attached Form 12) and (13) shall be referred to as the "facilities blocking the plaintiff's side" (hereinafter referred to as the "facilities blocking the plaintiff's side") managed by the plaintiff shopping mall.

As of October 13, 2010, it was established as of October 13, 2010, and the part where the slope connecting the second underground floor and the third underground floor of the instant building begins, "the blocking facilities managed by the Defendant" are "the blocking facilities of this case".

In April 200, it was established from around April 200.

A parking lot of the third or fourth underground floors of the building of this case.