1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The real estate listed in the attached list (hereinafter referred to as the “instant building”) constructed on the 10th 10-ro, Songpa-gu, Seoul, Songpa-gu, is an apartment, officetel, and commercial complex building.

The plaintiff is an organization established with the purpose of managing officetels and commercial buildings consisting of sectional owners among the buildings in this case.

On the other hand, the defendant is an organization that consists of representatives of apartment occupants, etc. from among the buildings of this case, and is established for managing apartments.

[Ground of recognition] A without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1, and summary of the plaintiff's assertion of the purport of the whole pleadings, among the buildings in this case, the part 6.96m2 (hereinafter "the year room of this case") connected in order to each point of the attached drawings Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1 of the second floor among the buildings in this case are the common areas of officetels among the buildings in this case.

Therefore, the annual conference room of this case should be managed by the plaintiff composed of officetels and the sectional owners, so the defendant is obligated to suspend the management of the annual conference room of this case and deliver it to the plaintiff.

Judgment

The common areas of an aggregate building are owned by all sectional owners.

However, the section for common use that is obviously provided only by some sectional owners for common use belongs to the co-ownership of those sectional owners.

(1) Article 10(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”). Whether a portion of an aggregate building is provided for the public use of all or some of the sectional owners shall be determined by the objective purpose of the building structure, unless otherwise agreed by the owners

(See Supreme Court Decision 2010Da95949 Decided March 24, 2011). There is no evidence to acknowledge that there was an agreement among the sectional owners of the instant building to provide the instant annual meeting room only for the public use of officetels owners.