1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. Plaintiff B is the owner of F apartment Nos. 101, 304, 101, 304 (hereinafter “instant apartment”), and Plaintiff B’s husband, Plaintiff C, and D are the children of Plaintiff B, and reside in the instant apartment from August 20, 2010 to the present date.

B. On March 14, 2006, the steel stairs structure (hereinafter collectively referred to as “instant structure”) was installed on the ground of the part on the ground, such as the ground wooden stairs structure on the ground surface (i) part of the attached drawing indicating the attached drawing, and the steel stairs structure (hereinafter referred to as “the instant structure”) was located on the front bend of the instant apartment, such as the 104 aspects, such as the indication of the attached drawing.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 to 4, Eul evidence 6, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The structure of the plaintiffs' assertion is a structure that does not exist in the original architectural drawing, and the change of the site for the common area belonging to the co-ownership of apartment owners should be done by the resolution of the management body meeting by the majority of not less than 3/4 of the sectional owners and their voting rights. Since the structure was installed without following the above procedure, it should be

In addition, since the structure of this case infringed the right of privacy of the plaintiffs, the defendant is obligated to compensate for consolation money for mental damage that occurred to the plaintiffs.

B. (1) According to the provisions of the Act on the Ownership and Management of Aggregate Buildings concerning the determination of the claim for removal of the instant structure (hereinafter “Aggregate Buildings Act”), the section for common use belongs to the co-ownership of all sectional owners (Article 10(1)), each co-owner may use the section for common use according to its purpose (Article 11), and matters concerning the alteration of the section for common use shall be decided by a resolution of the management body meeting by a majority of not less than 3/4 of both sectional owners and voting rights.