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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
Reasons
1. The reasoning for this case by the court of first instance is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, on the grounds that the court of first instance is identical to the reasoning for the judgment of the court of first instance, except for dismissal or addition as follows
2. Parts to be removed or added;
A. Part 2, No. 15 of the instant land and the instant building are as follows. (b) The main contents of the process of changing the rights to the instant land and the instant building are as follows. (2) The instant land is owned by NonELS (6/10 shares), Plaintiff (6.1 shares), O (451/4374 shares), P (451/4374 shares), and Q (451/4374 shares), and the instant building is owned by the Defendant under the name of the Defendant and is owned and used by the Defendant.
C. After the 11th page 10, the part of the building which is provided for the public use of all or some of the sectional owners' common areas is not the object of sectional ownership as the section for common use, and the issue of which part of the building is provided for the public use by all or some of the sectional owners shall be determined by the objective purpose according to the structure of the building unless otherwise agreed by the special group among the owners (see, e.g., Supreme Court Decision 2003Da65285, May 13, 2005). However, this legal doctrine addss the following following following the 10th page 10: (a) where sectional ownership is established for one building; and (b) in the stage at which the establishment of sectional ownership is at issue, the circumstance that the section for common use is included in the section for common use on the registry may be considered as an element denying the establishment of sectional ownership.
Part 12, conduct 4 to 9 are as follows.
In addition, the first floor, the second floor, the third floor, the fourth floor, the fourth floor and the rooftop of the instant building do not have independence in its structural structure and use. Accordingly, the instant building is ultimately an aggregate building under the Act on the Ownership and Management of Aggregate Buildings.