1. The plaintiffs' claims are dismissed.

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

1. Basic facts (based on recognition: Facts without dispute, entry of Gap evidence 1, 2, and 16, entry of Eul evidence 1, 2, 5, and 6, results of on-site inspection by this court, the purport of all pleadings);

A. The real estate listed in the attached list (hereinafter “instant building”) is a major complex building consisting of 18 floors above ground subject to the Act on the Ownership and Management of Aggregate Buildings built on Seongdong-gu Seoul Building Site (hereinafter “the Aggregate Buildings Act”) around 199, and 3 to 18 floors above ground, apartment, 1, and 2 floors above ground, and 18 floors above ground, and 2 to below ground, composed of commercial buildings and parking lots, and 4 floors below ground.

B. Plaintiff B is the owner of the first floor No. 120 (hereinafter “instant commercial building”) among the instant building, and the Plaintiff A shopping mall (hereinafter “Plaintiff shopping mall”) is an organization consisting of the occupants of the instant commercial building. The Defendant is an organization consisting of the sectional owners of the apartment part of the instant building (hereinafter “instant apartment part”).

C. The instant building was approved for use on April 30, 199. According to the building title section of the building ledger, the third floor above ground is indicated as an apartment building of reinforced concrete structure with a size of 675.23 square meters and ancillary and welfare facilities with a size of 105.49 square meters. According to the building title section, according to the building status map, there are three floors above ground, such as senior citizens' house, senior citizens' house, management room, children's playground, water tank, mechanical room, etc.

The third floor of the building of this case consists of the part that is the bend part of the apartment of the third floor while the rooftop of the commercial building of this case is the second floor (part of plants are planted, and children's play grounds are installed towards southwest), the third floor of apartment, the elderly's room, the management room, and the water tank facility of this case.

E. The third floor (the second floor rooftop) of the building of this case must use the apartment stairs or apartment elevators through the street room for the apartment fixed guard room.