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(영문) 서울중앙지방법원 2017.09.28 2017가합513878
제3자이의
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. AB-dong Branch Co., Ltd. (hereinafter referred to as the “instant prop-owned Association”) is an organization comprised of owners of the said site and commercial building as to the AB-dong Commercial Building (hereinafter referred to as the “instant commercial building”), which is a building built on the land outside AC and 15 lots in Jung-gu, Seoul and Jung-gu, and the Plaintiffs are members of the instant prop-owned Association, who are co-ownership holders of the said commercial building.

B. One general building registration and 14 aggregate buildings registration are completed in the commercial building of this case, but only the area of each of the above aggregate buildings without any specific specification, such as a studio, etc., is included in the indication of the building of the section for exclusive use, and the existing registration has not been properly reflected in the current status of the building by using the existing registration even though the building of this case was reconstructed around 2005

In addition, the co-ownership registration of the owner of the store in the commercial building of this case as co-owner is completed on the land which constitutes the site of the commercial building of this case.

C. Defendant V applied for the seizure and collection order of the claim against the obligor and the claim amount as indicated in the separate sheet (1) in the Seoul Central District Court based on the executory order of the loan payment case on the basis of the executory order of the Seoul Central District Court 2013 tea63875. Defendant V applied for the seizure and collection order of the claim against the deposit claims listed in the separate sheet (1) and received the seizure and collection order of the above claim on April 28, 2015.

Seoul High Court Decision 2012Na21166 (Seoul Central District Court 2010Gahap126671), on the basis of the executory exemplification of the judgment in the loan case, Defendant W applied for the seizure and collection order of the claim against the obligor, the claim amount of the instant case as KRW 5,820,350,684, and the deposit claims as stated in the attached list (2) of the Seoul Central District Court 2016 Taga23091. On December 20, 2016, Defendant W received the seizure and collection order of the above claim.

E. Defendant X, Y, Z, and AA shall have the executory power in the Seoul Central District Court 2015Kadan5390239.

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