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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Facts of recognition
Attached Form
The building indicated in the list (hereinafter referred to as the “instant building”) is a so-called so-called “so-called multi-purpose building” comprised of apartment buildings (total 278 households), officetels (total 20 households), commercial buildings, and public convenience facilities ( golf practice ranges, skin centers, rainies, etc.) in three Dongs. The Plaintiffs are owners of officetels or co-ownership owners, and the Defendant is an organization consisting of apartment occupants.
A parking lot is used from the 1st to the 6th underground in the instant building. The 1st underground parking lot is used by the occupants of officetels and commercial users, and the 2nd underground to the 6th underground in the exclusive parking zone.
However, among the 1st underground floors of the instant building, the blocking devices for the management of access by the occupants of apartment houses with the second underground floor (hereinafter “instant blocking devices”) are installed in the part (A) which connects each point of the attached drawing Nos. 1, 2, 3, 4, and 1 among the 1st underground floors of the instant building, and vehicles entering the parking lot of the second underground floor or below the second underground floor are frequently stopped or slowing in the vicinity. Thus, it is difficult for officetels users to smoothly use the first underground parking lot.
[Ground] A. A. 1 through 12, Eul. 1 and 2, and the purport of the whole pleadings, the plaintiff is entitled to remove the blocker of this case by the act of preserving the jointly-owned properties, on the premise that the first underground floor on which the blocker of this case was installed, falls under the common part of the officetels occupants only.
Whether a part of an aggregate building is a section for exclusive use or a section for common use shall, in principle, be determined at the time when the whole building is completed and registered as a sectioned building in the building ledger for the building concerned, and then it shall be determined as a section for exclusive use.