1. Of the judgment of the first instance court, the part against Defendant CM, CN, and COs in excess of the amount ordered to be paid below.

1. Basic facts

A. Plaintiff CV management body (hereinafter “Plaintiff”) is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”) with respect to A, a main complex building located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) and the rest of the Plaintiffs are the occupants of the instant building.

B. The instant building is a main complex building, where 4 elevators and 3 special emergency stairs were installed inside the building.

With respect to the public use of three elevators used only by housing occupants, two special stairs, and the public use of the parking lots of the 4,5, and the 6th floor from January 2015, the CR, a tenant of 203 commercial buildings, etc. has been disputed between the tenant and the housing tenant.

C. At around 05:00 on July 15, 2015, Defendant CM, CN, and CO arbitrarily entered the management office of the first floor underground of the instant building, and was investigated by the investigative agency due to suspicion of violation of the Punishment of Violences, etc. Act by destroying the card apparatus owned by the Plaintiff management body, which was installed at the special emergency stairs entrance from the seventh to the third floor above the ground, and the 20th floor entrance above the ground, and thereby damaging the Rodi Frequcy card apparatus (joint property damage, etc.). On March 31, 2016, the Seoul Central District Prosecutors’ Office issued a non-prosecution disposition, such as suspending the indictment, against the said Defendants.

CR filed a lawsuit against the Plaintiff management body, etc. seeking the prohibition of interference with the use of the section for common use of the instant building by this Court No. 2015Gahap57079, and the Seoul High Court, the appellate court of the said lawsuit, sentenced the Plaintiff management body to the effect that the Plaintiff management body shall not interfere with the use of the section for common use of the instant building, No. 1 of the elevator among the section for common use of the instant building, No. 2016Na2045296, the Seoul High Court declared that the Plaintiff management body shall not interfere with the use of the section for common use of the instant building, No. 1 of the special non-emergency stairs, and the lower judgment was dismissed on December 21, 2017.