The judgment below

Among the plaintiffs (appointed parties) and the designated parties, the defendant (appointed parties) and the designated parties.

The grounds of appeal are examined.

1.(a)

The judgment below

According to the reasoning and the evidence duly admitted by the first instance court and the lower court, the following facts are revealed.

(1) AA market building is a commercial building in Seoul, Jung-gu, Y, Z, and two aggregate buildings (hereinafter “instant aggregate buildings”) newly constructed on both sides of the Z and the 3rd floor above the ground level around 1979, where essential facilities, such as transformation rooms, mechanical rooms, air conditioners, and air conditioners, have been jointly used since around 200, and is composed of independent stores for the purpose of use.

(2) On July 9, 1979, all sectional owners who purchased a store of the building of this case established AB Co., Ltd. (hereinafter “B”) for the development of the AA market and the management of the entire building of this case. After that, 5,170 shares issued by Nonparty Co., Ltd. were acquired 8 shares per one store according to the number of their stores.

(3) After the establishment of the non-party company, the non-party company held a general meeting of shareholders in February every year. The general meeting of shareholders attended the shareholders of the non-party company and resolved on important matters concerning the management of the building of this case, such as approval of the preliminary settlement of accounts needed for the operation of the building of this case and the renovation and repair of the building of this case. The matters so resolved were executed by

(4) On May 17, 2001, the 116th meeting of the non-party company, which was held on May 17, 2001, decided to develop and lease the underground parking lots of the building of this case, and set up a “AC Committee” to promote development projects with the contents of establishing separate parking spaces in the door of the building of this case, and to entrust its development projects

(5) Since then, AC Commission developed and sold the underground parking lots of the instant building to a third party, and the 118th board meeting held on January 7, 2002 held on the instant building, held that “the development profit accrued from developing the underground parking lots of the instant building as its store is below the development profit.”