1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiffs are co-owners under 109 of the E building located in Busan metropolitan Daegu G (hereinafter “instant shopping mall”). The Defendant, as owners under 105 and 205 of the instant shopping mall, is operating a pharmacy with the trade name “H pharmacy” in the said shopping mall.

B. The ceiling of the instant shopping mall No. 105 refers to the floor, i.e., floor, ceiling, etc. of the horizontal board, and the structure, such as the instant shopping mall No. 205, the floor of the instant shopping mall No. 205. This is mainly a concrete structure.

(hereinafter referred to as the "slve in this case") refers to an elevator for transporting drugs, such as attached Table 3, and an open wall, roof, floor, etc. to install internal stairs, or a hole or part thereof.

(hereinafter referred to as “the opening of this case”) exists.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 7 (including paper numbers; hereinafter the same shall apply), Gap evidence Nos. 3, and Eul evidence Nos. 1, the purport of the whole images and arguments

2. The parties' assertion

A. The plaintiffs' assertion is a part related to the common interest of the owners of the commercial building of this case, so it constitutes a common area.

However, the defendant made the opening of this case without the consent of the sectional owners of the commercial building of this case or without notification to the above sectional owners, and requested the construction directly or in the construction work, and made the opening of this case without the building permit drawing and the completion drawing.

This is not only an act of violating the management rules of the commercial building of this case but also an act of undermining the safety of the building of the commercial building of this case. Thus, the plaintiffs, who are the owners of the commercial building of this case, seek the implementation of the construction of this case to the defendant as a preservation act based on the proviso of Article 16 (1)

B. The Defendant’s assertion is that the portion of exclusive ownership or partial common use by the owner of the instant commercial building Nos. 105 and 205.