1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1. The first instance court;

1. Basic facts

A. The history of the instant officetel and Atel located in Yeongdeungpo-gu Seoul Metropolitan Government, and one parcel of land (hereinafter “the instant officetel”) were built on the 3th underground, 10th ground, and 2nd floor of the rooftop as an officetel and neighborhood living facilities, and the main purpose of which was to be used was to be established upon obtaining approval for use from the Yeongdeungpo-gu Seoul Metropolitan Government Office around April 7, 1993.

B. (1) Defendants B and C as the owner of the instant officetel, including the relationship of rights under subparagraph 102 below, completed the registration of ownership transfer on June 2, 1993, with one-half shares of each of the 94 units of the instant officetel, and thereafter, Defendant B transferred shares of Defendant C in relation to No. 102 below (hereinafter “Ground 102”), which are real estate listed in the separate sheet among the instant officetels, and completed the registration of ownership transfer on January 8, 2013.

(2) The Defendant Han Bank Co., Ltd. (hereinafter “Defendant Han Bank”) completed the registration of creation of a mortgage on November 15, 2006 and April 16, 2010 on two occasions with respect to 102 underground.

(3) On the other hand, 102 underground is used as the management office of the instant officetel from the beginning of the occupancy of the instant officetel to the present day.

C. A lease contract was concluded between the head of the instant officetel and the head of the management office of the E company on May 1, 1998 with respect to the mechanical and electrical room located on the second floor above the instant officetel (hereinafter “the instant officetel second floor”), such as the relationship of use of the two stories below the instant officetel, etc., and the said contract was paid to the Defendant B’s account.

(1) According to the above management rules, the Plaintiff’s composition (1) is an autonomous circuit organized pursuant to the Atel management rules (hereinafter “instant management rules”), and the purpose of the management rules is to stipulate matters necessary for the building and site of the common ownership of the instant officetel and for the maintenance and management of the incidental facilities beneficial and convenient (Article 2), and the occupants are the instant case.