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1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. A X- District Association (hereinafter “the instant prop-owned association”) is an organization composed of owners of the said site and commercial building with respect to the building X-owned building (hereinafter “the instant commercial building”) built on the land of Y, Jung-gu, Seoul and 15 lots. The Plaintiffs are members of the instant prop-owned association, who are co-ownership owners of the instant 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. On October 28, 2011, the Defendant filed a lawsuit claiming loans from the Seoul Central District Court 2010Gahap126671, and was sentenced by the above Seoul Central District Court to the effect that “the instant props association shall pay KRW 1.9 billion and its delay damages to the Defendant.” The Defendant was sentenced by the above Seoul High Court 2012Na21166, which was the appellate court, to the effect that “the instant props association shall pay the Defendant KRW 1.9 billion and its delay damages to the Defendant,” and the payment of the said money was finalized on October 30, 2014.
On July 7, 2016, the Defendant received a seizure and collection order as to the “the instant case’s claim against the National Bank Co., Ltd., Ltd., in four accounts of the JX Prop., Ltd.” under the Seoul Central District Court Decision 2016TTT No. 10726.
E. The main contents of the props association of the instant case are as follows.
Article 3 (Purpose)