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1. Revocation of the first instance judgment.
2. All plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
Reasons
1. Basic facts
A. Wi-dong Branch Co., Ltd. (hereinafter “Wi-dong District Co., Ltd.”) is an organization comprised of owners of Wi-dong Commercial Building (hereinafter “instant commercial building”), which is a building built on the land outside Jung-gu Seoul Special Metropolitan City and 15 lots of land, and the Plaintiffs are members of the instant props Association, who are co-ownership owners 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. Based on the executory exemplification of the loan payment order in Seoul Central District Court 2013 tea63875, the Defendant applied for a seizure and collection order as to the claim indicated in the attached list as Seoul Central District Court 2016TTT No. 13735 on August 3, 2016, using the obligor, a national bank as the third obligor, the amount of claim KRW 624,410,678, based on the executory exemplification of the loan payment order.
The main contents of the articles of association of the props association of this case are as follows.
Article 3 (Purpose)
1. To promote friendship and friendship among members;
2. The Government shall operate rationally sites, buildings and various annexed facilities, protect the rights and interests of members and promote their common interests;
3. Scope of management - All management and operation, such as collection of rents, lease contracts, and surrenders, shall be managed by the office of the Operating Council in accordance with the precedents;
Article 4 (Qualification)
1.The person who owns the site and buildings within the Seoul WFdong shall be defined in this session.