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1. The plaintiff A's primary claim and the plaintiff E's claim are dismissed, respectively.
2. The plaintiff A's conjunctive claim part is brought.
Reasons
1. Basic facts
A. F is a market newly built and established as a commercial building on the second underground floor located in Gangdong-gu Seoul Metropolitan Government I around May 1983.
B. F commercial building owners, including FF Co., Ltd., which directly manage and operate the said F in general while directly selling or leasing its stores in the general public, and 48 co-owners, including the plaintiffs, etc., have formulated a reconstruction plan to remove the said commercial building on the ground of deterioration, etc. of the said commercial building, to construct the main complex apartment on the 12th floor and the 44th underground floors (hereinafter “instant reconstruction”), with the above 48 owners on October 30, 199, after obtaining a building permit on the ground of the said 48 owners, and obtained approval for the use of the said new building on May 26, 2003. On July 25, 2003, the registration of preservation of ownership is completed by 48 owners as to each 1/48 shares of each building owner.
C. On September 23, 2003, 48 project owners transferred 38 shares of the remaining 38 shares to J, K, L, M, N, P, P, Q, R, 10 on the ground of a partition of co-owned property on September 16, 2003 as to the buildings listed in the separate sheet (hereinafter “instant store”) on September 23, 2003, and 10 shares of each of the above 1/10 shares were owned in the registration record.
The transfer registration of ownership on September 16, 2003 was made in the following manner:
The remaining 38 persons except for the above 10 others - the previous shares: the shares 1/48, i.e. 10/480 shares - the shares - the shares 1/480 shares each 1/480 shares, and the shares 10/480 shares each 1/48 shares, i.e. 10/480 shares each - the shares - the shares 1/480 shares, i.e. 1/480 shares, 9/480 shares each excluding 1/480 shares, i.e., 1/480 shares, and 1/480 shares, as they are owned. - the shares 1/480 shares each excluding 1/480 shares, 9/480 shares, and 1/480 shares from the remaining 38 shares each.