The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Suwon District Court Panel Division.

1. The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In order for a part of one building to be the object of sectional ownership to be the object of sectional ownership, not only the part is used but also the structural part is distinguishable from other parts. The structural independence is required because it is necessary to clarify the scope of physical control over the object which mainly becomes the object of ownership. Thus, if the scope of the object of sectional ownership cannot be determined by structural division, structural independence cannot be said to exist.

(2) On January 14, 2010, Supreme Court Order 2009Ma1449 Decided January 14, 201, etc.). According to the reasoning of the lower judgment and the evidence duly employed by the lower court, the instant commercial building was installed with floor boundary marks, partitions, or walls, building number signs, etc. in line with the sectional ownership of the buyers at the time of opening August 2001. ② The instant commercial building located on the fifth floor was leased to cosmetic by the Plaintiff. ③ The representative director of C, which acquired the facility management and the right to lease of the instant commercial building, was the entire sectional owner of the instant commercial building from August 15, 202 to September 15, 202 without the consent of the entire sectional owner of the instant commercial building from 205 to 205, the Defendant delegated the Plaintiff’s right to lease the instant commercial building from 40 years to 25 years to 205, and the instant sectional owner’s right to lease the instant commercial building from 205.