1. The defendant is against the plaintiffs on the first floor of the attached building indicated in the attached Form.

(a)in the separate sheet indication 1, 2, (b), (a) and 1, respectively;

For convenience, the judgment on the defense prior to the merits is examined from the facts prior to the judgment.

Basic Facts

Attached Form

The Seo-gu Daejeon A hotel building, which is the building with the sectional ownership of the display building, consists of 126 guest rooms (12 rooms per floor from 2 to 11 floors, 6 rooms for 12 floors) and 3 commercial buildings (1 floors), and 85 co-owners own each guest room.

Plaintiff

B is a sectional owner who purchased the attached building No. D on June 26, 2014, and E, the representative of the Plaintiff A hotel management body (hereinafter referred to as the “Plaintiff management body”), purchased four units of the attached building No. 4 around May 21, 2014.

Attached Form

A building with the indication of the previous possession and use relationship of the display building was constructed to be used for hotel business from the time of new construction and sale.

Therefore, in order to operate a hotel in the attached building, the defendant company was established on March 13, 2014 with the main business of operating accommodation facilities.

From April 21, 2014 to July 9, 2014, the Defendant concluded a lease agreement and a lease operation management entrustment agreement (the two contracts collectively referred to as the “instant contract”) between each sectional owner of the attached building and each individual owner of the attached building to the effect that the Defendant leased a sectioned building and is entrusted with the operation thereof.

After the conclusion of each contract of this case, the Defendant, who received delivery of each sectional owner from the sectional owners, occupied and managed all sections for exclusive use and common use of the attached building and operated accommodation business in the name of "F hotel".

The defendant shall, for hotel business, install a studio 5.4 square meters in the part inside the line, which connects each point, in the attached Form 1, indicated in the attached Form No. 1, 2, (b), (a), and (1), and part of 3.36 square meters in the line, which connects each point, on the same drawing, 6.7. (d), (c), and 6.4 square meters in each line, respectively, and shall indicate the same drawing, 1, 2.3, 4.1.