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1. With respect to the plaintiffs Gap's litigants, this judgment is finalized and at the same time with respect to the rest of the plaintiffs.
Reasons
1. Basic facts
A. Of the real estate listed in the attached list 1 and 2, the registration that is the object of sectional ownership concerning each store (hereinafter collectively referred to as “instant building”) by means of indicating the number of floors in the 1st floor of the store and the area of the exclusive ownership for each building (hereinafter referred to as “each store”) among the real estate listed in the attached list 2, has been registered by means of indicating each co-ownership share as to the land listed in paragraph 1 of the attached list 2, which is the site. The whole summary thereof
B. The network A, Plaintiff E, F, G and the Defendants completed each registration of ownership transfer concerning each store and land and public land portion entered in the column of the number of the 1st floor of the relevant store in the attached Table 2 list.
C. Among the 50 stores located in the building of this case, there is no boundary structure to recognize the structural independence of the partitioned building. Among the 33 stores located in the 4th page of the building of this case at the time of sale, the partitions with tin-to-faced can have been installed, and such tin-to-face partitions can be easily removed or moved. Thus, it is difficult to clarify the scope of physical control of the objects subject to ownership, and therefore, each store of this case did not have the structural independence that can be the object of sectional ownership.
For this reason, in a case where a building registered as a sectioned building at the time of the enforcement of the Act on the Ownership and Management of Aggregate Buildings is not consistent with the provisions of Article 1 of the same Act and thus the sectional ownership of the building cannot be established, the registrant becomes co-owner of the building to which the building belongs (Article 4 of the Addenda of the same Act). (Supreme Court Decision 2006Da16499 Decided August 25, 2006).
E. At present, the instant building occupies most of the two sections such as restaurants of BS and BTS.
(f) the network A or the network A;