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1. All of the plaintiffs' lawsuits against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The plaintiffs' assertion
A. The 1st underground floor of the Itel located in Songpa-gu Seoul Metropolitan Government consists of 15 sections, such as the real estate listed in the attached real estate list (hereinafter collectively referred to as the “instant stores”). The Plaintiffs are the mortgagee of the instant stores, among the instant stores, on Defendant D’s Nos. 102, 103, 104, 106, 107, and 110. The instant stores were combined with the removal of the boundary walls, and thus they cannot be the objects of the partitioned ownership.
B. Therefore, the plaintiffs' right to collateral security existed in the share of co-ownership corresponding to the value ratio of the part of the defendant D's store at the time of combination among new buildings where the stores of this case were combined. Accordingly, in order for the plaintiffs to enforce the right to collateral security, the plaintiffs' right to collateral security should merge the whole part of the unit building ledger of this case's stores of this case's stores with the whole part of the register of this case's stores and make the entry of the register of this case's stores based on it. Thus, among the stores of this case's stores of this case, the owners under Articles 102, 103, 104, 106, 107, 110, Da, 108, 109, 114-1, 114-2, 114-2, and 105 owner defendant E, 105 owner, defendant F, 111, 112, and 113 owner.
2. Determination ex officio as to the legality of the instant lawsuit
A. In full view of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), it can be acknowledged that the plaintiffs currently hold the right to collateral security (the total amount of KRW 475 million) with respect to the stores set forth in the defendant D's No. 102, 103, 104, 106, 107, and 110 among the stores of this case.
B. However, (1) An act of entering or recording certain matters in a building ledger is merely for the convenience of administrative affairs and the verification of facts, and a change in the substantive legal relationship of the building caused by such act.