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1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Basic Facts
A The marked building in Guro-gu Seoul Metropolitan Government (attached Form 1) is a collective building with four underground floors, 21 floors above ground, 21, 21, 415.65 square meters below the floor approved for use on October 10, 1998; the 4-2 floors below ground, the parking lot, the 1-to-2 floors below ground, the 4th floor below ground, the commercial buildings ( neighboring living facilities, sports facilities, business facilities) and the parking lot; the 5th floor above ground, the 6-to-21 floor above ground, and the 98 household multi-purpose building.
(A) The Plaintiff A’s council of occupants’ representatives (hereinafter “Plaintiff’s council”) as the parties to the instant condominium consisting of the sectional owners, lessees, etc. of the instant apartment among the instant condominiums, and the Plaintiff’s council of occupants’ representatives (hereinafter “Plaintiff’s representative council”) established the “A Apartment Management Rules” stipulating matters necessary for the management and use of the instant apartment on March 1, 2008, and is a non-corporate group that has one president, two directors, and one auditor’s officers, and the Plaintiff B is a director of the Plaintiff’s council of occupants’ representatives, and the instant apartment E (84.95 square meters of the size of the exclusively owned land, and 16.14/94/2450 of the site ownership ratio).
On December 5, 2005, the Defendant purchased the instant commercial building from F, the owner of the instant condominium building, and acquired its ownership on December 30, 2005.
The current status of the use of the first floor and the fourth floor above the ground of the instant aggregate building is the rooftop structure located on the side of the entrance of the street, and the air conditioners installed by the lessees of the instant shopping building are installed on the outside of the entrance.
There is an air-conditioner installed by the shop lessee of this case as the outer wall of the building part of 3 square meters of the same drawing.
이 사건 집합건물 지상 1층의 별지 감정도 제4호 도면, 제401호 도면의 ㉪ 20㎡ 부분에는...