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(영문) 서울고등법원 2018.04.05 2017나2064287
제3자이의
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are members of the AB market E-dong Propane (hereinafter “instant propane”) and are co-ownership owners of the AB market E-dong Commercial Building (hereinafter “instant commercial building”) constructed on the ground of land (a total of approximately 924.70 square meters, each of which is owned by one or several persons; hereinafter “instant land”).

B. 1) The Prop-owned association of this case refers to the owners of shares in the land of this case and the owners of shares in the commercial building constructed on the land of this case (hereinafter the above land and the owners of shares in the commercial building referred to as the “instant prop-owneds” by referring to the owners of shares in the commercial building.

In order to promote friendship and ties among the members and to promote their respective rights and interests by operating the commercial building of this case and facilities attached thereto reasonably, etc., the commercial building of this case was established before around 2005.2) The commercial building of this case has been registered as one general building and 14 aggregate buildings. However, the title section of the register of the general building concerning the commercial building of this case and the title section of each register (the indication of the section building) is written only for the area divided into 1 and 2 floors without specifying the title section.

Since May 2005 to June 2006, the registration of the general building of this case and the registration of each aggregate building of this case has not been accurately reflected in the actual status of the commercial building of this case, since it maintained the existing registration without the registration of change of indication due to extension, etc. although the construction of the building was conducted to alter the structure, number of floors, and size of the commercial building of this case.

3. Pursuant to the articles of incorporation, the props association of this case concluded a lease contract for the stores within the commercial building of this case, collect rents, and express guidance.

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