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1. The plaintiff (appointed party)'s claim is all dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. The assertion and judgment
A. The main point of the Plaintiff’s assertion is that the registration of creation of a mortgage in each of the instant case is a disposal act that goes against the unity of the exclusive ownership of an aggregate building and the right to use the site, and thus, is null and void in violation of Article 20 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”).
B. In order to establish sectional ownership of one building of the relevant legal principles, there should be only one building in terms of objective and physical aspects, and there should be an act of dividing the physically partitioned parts of the building into the objects of sectional ownership. The act of partitioning is a kind of legal act that intends to divide the specific parts of the building into the objects of sectional ownership without changing the physical form and quality of the building. It is not limited in time or method, but it is recognized if the intention of dividing the disposal authority objectively is objectively indicated.
Even before the physical completion of a sectioned building, if the intention of division is objectively indicated that the future new building is a sectioned building through an application for building permission or a contract for sale in lots, etc., the existence of the act of division may be recognized. However, the structure and form of the partitioned building should be objectively and physically completed at that time to the extent that it is recognized as identical to the contents of the building permission in terms of social norms.
Meanwhile, according to Article 20 (2) of the Aggregate Buildings Act, a sectional owner cannot dispose of the right to use site separately from his section of exclusive ownership. The "right to use site" prohibited by the aforementioned provision is the right that a sectional owner has against the site of a building in order to own a section of exclusive ownership.