Text
1. The lawsuit of an independent party intervenor shall be dismissed;
2. The Defendant’s KRW 353,44,761 and its related amount on November 2016 to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is the party’s position. The Plaintiff is the Jung-gu Seoul Metropolitan Government D Commercial Building (hereinafter “instant commercial building”).
A) A company established for the purpose of business operation, operation, management, etc. of the instant shopping mall and registered with the head of the Seoul Central District Office pursuant to the Distribution Industry Development Act. (2) The Defendant acquired the co-ownership share of a part of the nine floors of the instant shopping mall building and its site ownership (hereinafter “instant store”) in the auction procedure as shown in the attached Table 1. The Intervenor joining the Defendant is the former owner of the instant store.
B. The 9th floor of the Defendant’s Intervenor’s Intervenor’s failure to pay for the acquisition of ownership and management expenses related to the instant commercial building, etc., although its use on the registry was the “large Bow,” it was created and sold as a total of 105 clothing sales shop around 1993, and 14 of which stores were sold in the form of co-ownership in co-ownership. 2) The Defendant’s Intervenor completed the registration of ownership transfer around that time on the ground that he purchased co-ownership shares (area 1,534.9mm2) in the 9th floor of the instant commercial building and its site ownership, etc. on April 25, 2007, on the ground that he purchased the ownership ownership in the 9th floor of the instant commercial building (area 1,534.9m2) and completed the registration of co-ownership transfer on the ground of trust on August 7, 2008.
3) The Intervenor joining the Defendant did not pay the management expenses for the instant commercial shares acquired as described in the foregoing paragraph 2.
Accordingly, the Plaintiff, as a lien holder, began to possess the instant store from February 2008 to receive delinquent management expenses, and from February 2010, the Plaintiff created the entire nine floors of the instant commercial building as a warehouse and leased them to collect rent.
4. Meanwhile, on November 19, 2010, the Plaintiff filed against the Intervenor joining the Defendant as Seoul Central District Court Decision 2010 tea80669, May 19, 2007, and July 2010, as to the nineth floor of the instant commercial building.