A. On September 15, 1973, Hanyang Co., Ltd. (formerly changed, Hanyang Housing Co., Ltd., Ltd.; hereinafter “ Hanyang”) purchased land within the Gangnam-gu Seoul Gangnam-gu Seoul Special Metropolitan City Land Readjustment Project District (hereinafter “instant land allotted by development recompense”), which was scheduled to substitute as the Defendant’s ownership, and constructed and sold “C apartment” on the ground of the adjoining land owned by Hanyang-gu Special Metropolitan City Land Readjustment Project District.

B. The registration of ownership transfer was completed on January 30, 1981 with respect to C Apartment Nos. 61, 409 (hereinafter “instant apartment”), and the registration of ownership transfer was completed on August 26, 1982 under the name of D, August 31, 1982, and the E was completed on August 31, 1982. Of the instant apartment site, in the case of the instant apartment site, the registration of ownership transfer was reserved in the name of E prior to the disposition of land substitution became final and conclusive (the Defendant approved the change of ownership of the instant land secured for development outlay in proportion to the size of each household of C apartment), and the registration of ownership transfer with respect to shares in the site was not completed.

C. After December 26, 191, the instant land allotted by the authorities in recompense for development outlay was completed, and the land partition rearrangement was completed, and the land substitution was determined with 8,768m2 and 304m2 in Gangnam-gu Seoul Metropolitan Government FF 8,768m2 and G 304m2 (hereinafter “instant land”). The registration of ownership preservation was completed in the Defendant’s name on January 24, 1992.

On the other hand, among the site of the apartment of this case, registration was completed as “land subject to the site right” of the apartment of this case with respect to neighboring land except the land allotted by the authorities in recompense for development outlay of this case (Seoul, Gangnam-gu H-gu, 7,518.4 square meters, I large scale 21,613.1 square meters, J large scale 33.4 square meters).

E. Meanwhile, the instant apartment building purchased L on December 26, 198 through E and K, and completed the registration of ownership transfer based on the said sale on February 10, 1989. The Plaintiff, a heir of L, is the instant apartment on December 13, 2012.