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1.The judgment of the first instance, including the primary claim reduced and the ancillary claim added by this Court, shall be as follows:
Reasons
1. Basic facts
A. On December 23, 2014, the Plaintiff filed a lawsuit (Seoul Central District Court 2014Da5215911) against C (hereinafter “C”) to demand the payment of the Promissory Notes (Seoul Central District Court 2014Da5215911), and the judgment was rendered on December 23, 2014 that “C shall pay to the Plaintiff 150,000,000 won with 5% per annum from July 11, 2007 to September 26, 2014, and 20% per annum from the next day to the day of full payment.” The said judgment became final and conclusive on January 8, 2015.
B. On April 28, 2015, the Plaintiff received a seizure and collection order (Seoul Central District Court 2015TTT 9644) regarding KRW 220,458,903 among the claim amounting to KRW 220,458,903, the amount of claim based on the above final judgment, and KRW 220,458,90,000, from among the claim amount of the rent custody amount that C owns against the Defendant. This seizure and collection order was served on the Defendant on April 30, 2015.
C. In addition, on January 20, 2016, the Plaintiff received an attachment and assignment order (Seoul Central District Court 2016TTT 2016TT 1159) regarding KRW 243,513,698 among the claim amounting to KRW 243,513,698 based on the claim amount based on the above final judgment, and the attachment and assignment order was served on the Defendant on January 25, 2016.
Pursuant to the Act on the Ownership and Management of Aggregate Buildings, the Defendant is a management body comprised of sectional owners, which is a management body consisting of the Management Body Regulations and the Integrated Lease Management Regulations enacted on September 18, 2009. The instant commercial building is leased, operated, and managed under his/her name pursuant to the management body regulations and the Integrated Lease Management Regulations enacted on September 18, 2009.
The main contents of the management body rules and the integrated lease management regulations related to the lease, operation and management of the commercial building of this case are as follows.
▣ 관리단규약 제33조 ② 관리단 운영상 본 규약으로 미비한 사항은 관리단 자체의 제반 규정으로 보완하며, 제반 규정은 관리단 운영회의 의결로 그 효력이 발생한다.
Matters to be resolved by the managing body's meetings under Article 54 shall be as follows:
2. A building B.