1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. D 5 building (hereinafter “instant building”) is located on the ground, except Seocho-gu Seoul Metropolitan Government, and is located on the ground, except for Seocho-gu Seoul Metropolitan Government, and is located on the fifth floor and underground floors constructed around May 1983.

B. The second floor of the instant building is divided by each unit, and 42 units are registered in the aggregate building ledger, but the registration of the building is registered as a separate building by each unit, not an aggregate building, and the building title column of the instant building is divided into the entire details of the instant building, the section for exclusive use indicated in the aggregate building ledger of the instant building, and the section for common use and other areas.

In addition, the site of the building of this case is owned by the owners of the building of this case, but the site registration is not made.

C. The Plaintiffs own part of the heading rooms (Nos. 4, 5, 6, 7, 8, 10, 11, 24, 26, 27, 32, 33, and 34) of the second floor of the instant building. The Defendant acquired ownership of 18 heading rooms (Nos. 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 223, 27, 39, 39, 40, 41, and 42) of the total number of the second floor of the instant building on November 19, 2012.

피고가 이 사건 건물 2층 중 18개 호실을 매수하기 전에 이 사건 건물 2층은 12개 정도의 점포와 번영회 사무실 등이 별개의 출입구나 벽이 없는 이른바 ‘오픈 상가’ 형태로 되어 있었는데, 피고는 2013. 7.경부터 종전에 점포로 사용되던 곳 2곳과 번영회 사무실 일부를 사무실로 사용하기 위해 종전에 통로로 이용되던 부분{청구취지 기재 ㈐, ㈓부분, 이하 ‘종전 통로부분’이라 한다}을 일부 막고 이 사건 구조물을 각 설치하였다.

However, the office established by the defendant is divided into a main office, a rest room, and a conference room, and the passage between the main office and a resting room is possible without restriction.