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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Defendant C, along with E and F, newly built and sold IBL, which is a multi-household of the fifth floor in Yangcheon-gu Seoul, G and H ground (hereinafter “IB”), and Defendant D is his father.
B. Defendant C, etc.: (a) purchased each of the above lending No. 401; (b) Plaintiff B, etc. sold each of the above lending No. 403; and (c) completed the registration of ownership transfer on November 24, 201 and January 2, 2012.
C. Defendant C, etc. installed a wall on the ground section (A) of 22.26 square meters (hereinafter “the part of the instant case”) connected with each point of the attached Form 1, 2, 3, 4, and 1 among the 1st floor of IP, which is used as a parking lot for the occupants, and used it for the purpose of the sale office, and Defendant D uses it without removing even at the present time of completion of the sale.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, 3 (including paper numbers), the purport of the whole pleadings
2. Determination:
A. The gist of the plaintiffs' assertion is that the defendants are entitled to preserve the common area as the sectional owners of each unit of IBD. However, since the defendants installed a structure without the consent of the management body meeting and occupied and used it in the part of the case (A) of this case, which is a common area, which is a part of the parking lot without permission, the defendants asserts that they are liable to remove the part of this case (A) and deliver the above part of the land, and pay the money equivalent to compensation for damages or unjust enrichment from the acquisition date of each unit of IBD to the delivery date of the above land.
B. However, since the Defendants had an office established in the part of the instant case from the time when they sold IBL to the Plaintiffs, the Defendants agreed to use the instant part of the building to continue to use the Defendant C instead of reducing part of the sale price. Thus, the Defendants occupied the said part.