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(영문) 서울중앙지방법원 2017.01.18 2015가합576844
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Nonparty CC market Ep branch Co., Ltd. (hereinafter “instant propup meeting”) is an organization consisting of owners of the said site and commercial building (hereinafter “instant props”) with respect to the said site and the instant building building, which is a building built on the ground outside of 15 lots of land in Jung-gu Seoul, Jung-gu, Seoul, and 15 lots of land.

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 in 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 commercial building of this case was reconstructed around 20

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 September 24, 2013, the Plaintiff received an order to pay the instant props meeting to the effect that “the instant props meeting shall pay to the Plaintiff 40 million won and 20% interest per annum from the next day of the delivery of the original copy of the payment order with respect to KRW 400 million and the Plaintiff at the rate of 20% interest per annum from the next day of the delivery of the original copy of the payment order,” and the said payment order was finalized.

On August 19, 2014, the Plaintiff was issued a collection order (hereinafter “instant collection order”) with respect to the “amount corresponding to the attached list of the claim for rent owned under the lease agreement on the commercial building in this case against the Defendants” by the Seoul Central District Court 2014TTT 21363, with the title of execution of the said final payment order, as the title of the said final payment order.

E. The main contents of the props association of the instant case are as follows.

Article 3 (Purpose)

1. To promote friendship and friendship among members;

2. The reasonable operation of sites, buildings and various annexed facilities, and the rights and interests of each member;

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