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1. The main part of the lawsuit in this case shall be dismissed.
2. The Defendant limited to the Plaintiff on September 27, 2017.
Reasons
1. Basic facts
A. On August 11, 1997, Songpa-gu Seoul (hereinafter “instant commercial building”) was approved for use in the building building A and B, and was registered as a collective building in the building ledger around that time.
B. D along with E on June 9, 2006, completed the registration of ownership transfer as to each of 1/2 shares of 17 stores, such as No. 111, etc. of the instant commercial building (hereinafter “existing partitioned buildings”). On June 28, 2006, the existing partitioned buildings were merged into No. 111 (205.83 square meters) of the instant commercial building (hereinafter “instant merger”).
D The remaining 1/2 shares under subparagraph 111, which were registered under E’s name on August 22, 2006, was completed the registration of ownership transfer in the name of the principal, and thereafter, the commercial building No. 111(205.83m2) of this case was converted into No. 111 on September 14, 2006 (192m2) and No. 125(13.65m2) (hereinafter “the conversion of this case”).
C. Meanwhile, the Plaintiff entered into a lease contract with D on May 24, 2006 and E on three occasions from November 15, 201 with respect to the lease deposit amount of KRW 1.44 million with respect to the lease deposit of KRW 1.5 million with respect to the building Nos. 111(192.18mm2 and 125(13.65m2) prior to the conversion of this case, and operated the financial shop in the above lease object, etc. to secure the right to return the lease deposit against D, while completing a lease contract with respect to the lease deposit of KRW 1.111m2 prior to the expiration of the lease of this case, the Plaintiff completed the registration of creation of a mortgage on the lease deposit of KRW 1,495,000 and KRW 1,500,000,000, and completed the registration of creation of a mortgage on the lease deposit of KRW 1.315m20,015.
On the other hand, in the process of the merger and conversion of this case, D, as the first corridor, changed the common areas of the sectional owners (hereinafter “instant common areas”) to the section for exclusive use under Article 111 of the Commercial Building Act, and registered such drawings as the current building of the building ledger.
(e).