Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

2. An abbreviation of the further determination by this Court shall be governed by the first instance judgment.

As a ground for appeal in this court, the Defendant asserts that “(i) the construction of the outer wall and roof of the building at the time of the instant trust registration is not completed, and at the time, the building of this case cannot be recognized as an independent building or sectionally owned building. ② Since C continued possession of each land after the instant trust registration and completed the construction of the building in accordance with the relevant trust agreement, it cannot be deemed that the right to use the site was disposed of after the registration of the trust. ③ Even if the trust registration of this case is divided between the title holder of each land and the title holder of each building of this case, C is divided by the title holder of each land of this case and the title holder of the building of this case, and it cannot be deemed a disposition of the right to use the site. ④ Since the trust registration of this case was made for the purpose of facilitating the new construction of the building of this case, even if the ownership of the section for exclusive use and the site is separated, it does not constitute a disposal act contrary to the unity of the section for exclusive use and the right to use the site.”

The above assertion made by the defendant in this court is not different from the already asserted by the defendant in the first instance court, and the first instance court's decision rejecting the defendant's assertion is justified, in particular, by examining both the evidence submitted in the first instance court and the evidence submitted in this court (Evidence No. 5-1, No. 2, No. 6-1, No. 6-2, No. 7, and No. 8).