1. Of the judgment of the first instance, the part of the judgment against the Plaintiff ordering payment is revoked.

2. The plaintiff, defendant .

1. Facts of recognition;

A. The Plaintiff is a co-owner of the fourth floor No. 401 among the 1st underground floor and multi-household housing of reinforced concrete structure of the fourth floor located in Michuhol-gu Incheon Metropolitan City (hereinafter “the instant loan”). Around December 5, 2015, the Plaintiff had J perform waterproofing construction on the rooftop floor of the said 401 upper floor (hereinafter “instant construction”). On December 18, 2015, the Plaintiff paid KRW 2 million as construction cost to the JJ on December 18, 2015.

B. At the time of the instant construction, the Defendants divided the instant loan as follows.

Defendant 1, Defendant 2, Defendant C, No. 103, No. 38.52§³ No. 103, Defendant C1, Defendant C2, Defendant D No. 301, No. 301, No. 43.17, and Defendant E 3, No. 303, No. 303, No. 38.03, May 18, 2018, Defendant 6, Defendant G4, No. 402, No. 45.9, and No. 38.03,00 square meters for Defendant E-3, No. 303, No. 303, and No. 403, May 18, 2018, for the transfer of ownership to K on May 7, 2018.

C. As an aggregate building of this case, the total area of the section for exclusive use is 590.45 square meters = 201 square meters + 43.17 square meters + 101, 201, 301, 301, and 43.17 square meters, each of 43.17 square meters in 401 + 102, 202, 302, 302, and 402 + 45.9 square meters in each of 103,203, 303, and 403 square meters in each of 38.03 square meters in each of 103,203, 303 square meters in each of 38.03 square meters in each of 14th and 403 square meters in each of the remaining 14th and each of 14th and each of

On the other hand, the lending of this case is not appointed by the manager, there is no management body that actually performs activities, and there is no management rules.

[Ground of recognition] Facts without dispute, entry or video of evidence A1 to 6, purport of the whole pleadings

2. Determination

A. Whether a part of an aggregate building is provided for the public use of all or some of the sectional owners of an aggregate building for the cause of the claim must be determined by the objective purpose in accordance with the structure of the building, unless otherwise agreed by the owner. The safety or appearance of the aggregate building shall be maintained.