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1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. The Plaintiff is a council of occupants’ representatives comprised of occupants and users (hereinafter “occupants, etc.”) of the Yongsan-si apartment A (hereinafter “instant apartment”). Defendant B is the owner of A apartment Nos. 101, 103, 104, 105, and 106 (hereinafter “instant commercial building”), and Defendant C is operating Empt from February 28, 201 to Defendant B by leasing the instant commercial building from Defendant B.
B. Of the land size of 5,819.3 square meters in Yongsan-si D, the attached drawings indicating ①, ②, ③, ④, ④, ⑤, ②, ②, ②, and ② the (i) the section of the section 231.405 square meters in line with each point (hereinafter “instant passage”) are the common areas of A apartment owners, which are the common areas of A apartment owners, and the public reports used by apartment occupants, etc. and commercial customers.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 7-7, the purport of the whole pleadings
2. The assertion and judgment
A. The Defendants alleged in the Plaintiff’s assertion have occupied and used without permission, such as interfering with the passage of residents in the instant road located in front of the Eart while operating the Eart in the instant commercial building. Accordingly, the Defendants jointly and severally liable to pay KRW 3,178,00 to the sectional owners of the instant apartment building the repair cost for the damage of the Eart caused by the damage to the Eart. In addition, the Defendants are obliged to pay the said sectional owners the repair cost for the damage of the instant apartment building to the owner of the instant apartment building, and the Defendants are obliged to pay the said sectional owners the unjust enrichment from the occupation of the instant road without permission during their business period, the Defendants B, B, and C, 75,706,179 won, and the delay damages therefrom. The Defendants have the obligation to remove, restore, and not interfere with their passage. The Plaintiff is obligated from the occupants of the instant apartment building to remove, restore, and prevent their passage.