2. The costs of appeal shall be borne by the Defendant.

The Defendant confirms that each attachment disposition in the attached Form on the x-gu x-dong x-dong 000-0 large 000.0m2 is all null and void.

2. Purport of appeal

The judgment of the first instance is revoked, and all plaintiffs' claims are dismissed.

The reasoning of the judgment of the court of first instance is as stated in the relevant part of the reasoning of the judgment of the court of first instance, except for the following cases: (a) the developments leading up to the disposition of first instance; (b) the determination of the main defense of this case; and (c) the legitimacy of the seizure disposition of this case; and (c) the Plaintiffs’ assertion is as stated in the relevant part of the reasoning of the judgment of the court of first instance (up to 2, 8, and 5, and 14, respectively; and (c) thus,

○ 2, 9 pages " May 26, 1978" shall be read as " May 27, 1978".

In addition, "the approval of the project plan of this case" is referred to as "the approval of the change on July 27, 1978," "the approval of the first approval and change on July 27, 1978," and "the approval of the project plan of this case".

○ 2 11.0 2.0 2.0 ......... the following shall be added "(4,368 households at the time of the initial approval of the project, 4,424 households at the time of the approval of the change.

"Approval for use" in 12 pages 2, 1979 shall be read as "approval for use on August 30, 1979 and approval for use on May 26, 1980".

○ 3, 17 pages (based on recognition) add “B No. 7” to 3 pages 17.

2. Determination

(a) Facts of recognition;

(1) Details of official documents, official records, etc.

① On the approval of the instant business plan, each of the following are written as DD, 239,200 square meters of the site area, x-dong Seoul x-dong (hereinafter referred to as x-dong) x-dong (hereinafter referred to as x-dong), 000 and 73, and 92, including 000,000,000 and 92,000,000.

② DD newly constructed the instant apartment and completed the registration of ownership transfer on September 8, 1979 and after obtaining approval for the first use on August 30, 1979 and the second approval for the second use on May 26, 1980. After completing the registration of ownership transfer in its name on September 8, 1979 and June 20, 1980, DD issued not only the sales contract but also the co-ownership certificate of the site to the buyer and completed the registration of ownership transfer on June 20, 1980.

③ The term “land which is the object of the site right” of the apartment registry of this case shall be xx Dong 316 to 239,225.8 square meters (hereinafter “x Dong 316 site”), 'Indication of site right’ shall be '239,225.8', and DD shall also be '239,225.8', 'the degree of the division of the site right of this case’, 'the co-ownership certificate prepared by the buyer and the buyer of the apartment of this case shall be x 316 site from x 316 site from x.

④ The indication of the subject matter of the apartment sale contract of this case is indicated as x, 307-2 and 91 lots (the lot number is changed due to a land substitution plan). The above 92 lots of land is the same as 92 lots of land (the evidence No. 7, 19-22 and 6 of the evidence No. 8, 19-22 of the above list) and 92 lots of land list, including x, 39,200,000 square meters (84, 215.8 square meters) and 239,000,000 square meters (72, 358.1 square meters) attached to the application for the approval of the project of this case. The land size of the above list of land is 277,912.14 square meters in total (84,215.8 square meters) and 238,000 square meters in total site size of the private housing construction project plan of this case.

(5) The receipt of the ownership transfer registration under the above contract for sale in lots was made before September 20, 1982, for which a replotting disposition was announced publicly, so "site and public land portion" is not specified.

(2) Location and actual status of the instant land

① 이 사건 아파트 단지는 정사각형에 가까운 형태로 왼쪽으로는 ㅇㅇ로, 아래쪽으로는 ㅇㅇ로와 바로 접해 있고, 오른쪽으로는 ㅇㅇ대로, 위쪽으로는 ㅇㅇ로와 각 사이에 상가를 두고 연접해 있다.

② 이 사건 토지는 직사각형으로 이 사건 아파트 단지 내 서북쪽에 위치하여 왼편으로는 ㅇㅇ로, 오른편으로는 이 사건 아파트 중 17동 건물, 아래쪽으로는 이 사건 아파트 단지 안의 녹지 등인 xx동 1020-2, 위쪽으로는 이 사건 아파트의 주차장 중 일부와 각 접해 있다.

③ The instant land is used as part of the instant apartment building site, 694.9 square meters, and 17-dong buildings, as a green belt located in the southwest of the building, 829.9 square meters, 563.2 square meters in the instant apartment parking lot located in the northwest of the 17-dong building, and 63.4 square meters in the site of the xy Center located in the Northwestwest of the said parking lot, and 39.2 square meters in a green area and road (Seoul Special Metropolitan City did not claim a right, such as a site right, against the site of the xy Center).

(3) Circumstances in which the actual status and the entry in public records are different.

① The drawing attached to the application for the approval of the project plan of this case is indicated as the project site, and the land of this case is also included in the old table and apartment design drawings (see, e.g., evidence 7-13 and evidence 14-15).

② The “real estate indication” column for the instant apartment 25 x-25 x-2 x-3, 165-3, 200-1, 201, 204-1, 199-1, and 199-3 among the previous land in addition to the x-316 x-3, 165-3, 200-1, 204, 204-1, 199-1, and 199-3, including the x-2 x-2, 1020-2, and the Seoul Special Metropolitan City stated the above land, including the above land registered as the x-1020, 1020-21, as well as the x307-2, x307-4, 307-6, which was divided from the land.

③ The latter part of Article 4 subparag. 2 of the apartment sale contract of this case states that the housing price shall not be changed even if there is any increase or decrease in the land due to several co-ownership shares in the public book, and there is no increase or decrease in the land (A evidence No. 24-1 through 4).

④ In the register of the commercial building in the apartment complex of this case, the land of X-dong 164-3, 165-3, 307-2, 200-1, 201, 204-1, 199-1, 199-3, other than X-dong 316 site is stated.

⑤ Each location map attached to the application for approval of the private housing construction project plan, such as consultation on the application for approval, notification of policies on the relocation of the reservoir, and the current status of public notice of the detention basin cadastral publication (1/5,000) attached to the application for approval of the private housing construction project plan, etc., are indicated as the project site in the documents on the construction of the apartment of this case (i.e., the number of copies No. 18, 19, and 20).

(6) After attaching several drawings, the previous sheet attached to the application for the approval of the project plan of this case is calculated as 239,272.5 square meters in total by dividing the land subject to the drawings into five square forms: 239,272.5 square meters in total (=29,648 + 106,624 + 68,123 + 68,123 + 9,852.5 + 25,025 + 25,025 square meters in a way that the area of the previous sheet is calculated as 239,200 square meters in a way that the area of the land subject to the plan of this case is deducted from the area of the land subject to the drawings attached to

7) The view of newspaper advertisement on the sale of apartment in this case is included in the apartment site, and part of the apartment site in this case is located on the ground of the land.

8) Of the previous lands, each part of the lots of land, including x-dong 163-8, 164-3, 165-3, 199-1, 201, 204-1, 307-4, among the land in this case, is located.

9) Around April 1978, DD, upon filing an application for the instant business plan, submitted a letter to Seoul Special Metropolitan City, stating that DD included a police box in the building of convenience facilities by the post office, Dong office, senior citizens' organization, kindergarten, kindergarten, nurse, gymnasium, gymnasium, community center, etc., and that DD will contribute it to the Seoul Special Metropolitan City by constructing a 's station building in Seoul Special Metropolitan City on May 25, 1978.

(4) Replotting registration and the details of the registration of the instant land

① Of the previous lands, DDR acquired ownership and completed registration in 163-8, 163-9, 164-3, 165-3, 199-1, 199-3, 200-1, 204-1 and 204-1.

② Although Xx 307-4 to 307-4 to 30 March 30, 1978 was divided, the register of X 307-5 and 307-6, which is the land before X 307-4 was closed, and the registration ofx 307-4, 307-5, and 307-6 among the previous land was unregistered, as the Defendant applied for a substitute registration on April 26, 2012.

③ On November 18, 2013, the registration of the instant land was completed by means of a land substitution registration for the previous registration, and the registration was completed by means of the transfer of the existing registration registration.

④ 이 사건 아파트 부지가 포함된 환지처분 관련 사업은 시행자가 ㅁㅁㅁ농지개량조합인 ㅁㅁ지구경지정리사업과 시행자가 서울특별시장인 이 사건 토지구획정리사업이 있는데, DDD와 ㅁㅁㅁ농지개량조합과 사이에는 법적 분쟁이 있었으나, DDD와 이 사건 토지구획정리사업의 시행자인 서울특별시와 사이에는 법적 분쟁이 없었다.

[Reasons for Recognition] Evidence Nos. 1, 5, 6, 7, 12 through 25, 27, 28, 30, and Evidence Nos. 1, 5, 6, 9 through 20

(including serial numbers), the result of the survey and appraisal of this court's appraiser's debt, the result of the fact inquiry conducted on November 25, 2014 to the Seoul Special Metropolitan City Mayor of the court of first instance, the result of the fact inquiry conducted on the Seoul Special Metropolitan City Mayor of this court and the purport of the whole pleadings.

B. Whether the land of this case is included in the object of the sales contract

In view of the following circumstances, it is reasonable to view that the parties known by the above facts have concluded a sales contract with the intent to achieve through the sales contract and the genuine intention to achieve through the sales contract, transaction practices, etc. by including the land in the subject matter of the apartment sale contract in this case.

① The instant land was located within the instant apartment complex and was included in the instant apartment site from the time of the approval of the project plan, and was also located on the ground of the instant apartment site in the view of the view of newspaper advertisement as to the sale of the said apartment. In fact, the instant apartment was used as the site, parking lot, green area, etc. of the instant apartment 17 building from the time of the completion of the construction and the sale of the instant apartment.

② On May 31, 1980, about 25 x-dong 1102, the part of the previous land, including x-dong x-Dong 164-3, 165-3, 200-1, 201, 204-1, 199-1, and 199-3, among the previous land, x-dong 307-4, 307-5, 307-6, among the previous land, x-dong 163-8, 164-3, 165-1, 201, 204-1, 207-4, and 307-6, taking into account the unregistered circumstances x-dong 307-2, x-dong 163-8, 164-3, 165-3, 19-1, 204-1, and 307.

③ The phrase “the subject matter of the instant apartment sale contract” is indicated as xx Dong 307-2 and 91 lots (the lot number is changed due to the land substitution plan). The said 92 lots of land are same as 92 lots of land and land list in the private housing construction project plan and 92 lots of land location in the site for a building permit application. As such, although the number of real estate lots is equal to 92 lots of land, it is considerably larger than 277,912.14 square meters in the land list than 239,200.5 square meters in the total site area in the private housing construction plan, even if considering that the land size in the land list is not the area actually incorporated into the project site, the total site area of the project plan is not the actual survey, but the area of the land is calculated by the old chart. Thus, it cannot be said that the land area included in the instant project plan only based on the total site area and the land is subject to sale.

④ As in the instant apartment, the parties to the transaction of a large-scale aggregate building with 4,424 households can only have an interest in the exclusive ownership, but rather have to conclude a contract by recognizing that the entire land actually used as the site of an aggregate building will be included as a matter of course in the sale subject to the scope of the site. If the buyers of the instant apartment knew that part of the land, which is the object of the site ownership, does not have a site ownership for the ownership of the exclusive ownership, they would not enter into the sales contract. DoD also concluded a sales contract with the intent to purchase the shares of the entire site of the instant apartment, including the degree of the advertisement for sale, and the location of the application for approval of the project plan, based on the content of the instant project plan, such agreement cannot be deemed to have been deemed to have been an intention to permit the buyers to occupy and use only the land of the instant apartment without transferring the ownership of the instant land to the third party. Furthermore, in light of the fact that the value decline of the instant apartment building or the instant land is anticipated to be used separately from the apartment site of the instant apartment.

⑤ In the instant project plan, the entire site area of the apartment building of this case is 239,200.5 square meters, and DD is 200.28 square meters on June 28, 1980 on the part of "the indication of real estate on the certificate of co-ownership sale prepared and issued to several buyers." At present, the subdivision of the ownership ratio of the apartment building of this case is 239.225.25.8 square meters, which is the area of the above site, is 239.25.25.8 square meters. However, in light of the fact that the completion of the apartment building of this case and the sale contract of this case, the entire site area of this case is 30 square meters, and the land area of this case is 20 square meters or more, and the land area of this case was 30 square meters or more after the completion of the land sale plan of this case, and there was no specific change in the land area of the apartment lot of this case as the whole land area of this case, and there was no specific change in the land area.

(6) In light of the fact that the register of the apartment of this case contains the x316 site, the representative lot number of the apartment of this case, and that it was difficult for buyers to recognize the circumstances other than the above x 316 site other than the above x 316 site, and that the land of this case was completed on November 18, 2013 by the replotting registration method for the previous registration, and it was difficult for the registry office to fully recognize the contents of the land of this case, such as where the registration of ownership preservation was completed on November 18, 2013 by the replotting registration method for the previous registration, the fact that the buyers failed to complete the registration of the right to use the land of this case for the previous land of this case cannot be grounds for rejecting the right to use the land of this case by the buyers.

⑦ DDD와 ㅁㅁ지구경지정리사업의 시행자인 ㅁㅁㅁ농지개량조합과 사이에 분쟁이 있었던 것과는 달리 이 사건 토지구획정리사업의 시행자인 서울특별시와 사이에 분쟁이 없었던 점, DDD가 이 사건 사업승인계획에 사업부지로 포함된 xx동 1020, 1020-1, 1021-21에 대한 아무런 권리확보 없이 사업계획승인을 받기는 어려웠을 것인 점, 서울특별시는 xx동 1020, 1020-1, 1020-2, 1021-21에 대하여 소유권 내지 대지권 등 권리를 주장한 바 없는 점 등에 비추어 이 사건 아파트 단지 내의 서울특별시 소유로 소유권보존등기가 마쳐진 xx동 1020, 1021-21이 이 사건 토지구획정리사업을 통해 환지된 후 소유권보존등기가 마쳐졌음에도 이 사건 아파트 수분양자들 내지 소유자들이 이들 토지에 대하여 소유권을 주장한 바 없다는 사정만으로는 이 사건 토지가 분양계약의 목적물에 포함되었음을 배척할 근거가 되기에는 부족하다.

(8) While some of the instant land was used as a site for the xy center, DD applied for approval of a project plan to place the initial police box on a convenience facility building along with other convenience facilities such as the Dong office and the post office, but it is difficult to conclude that the site for the xy center was the object of donation based on the above letter, and it is difficult to conclude that some of the instant land was used as the site for the xy center, because it is difficult to serve as the ground that the instant land does not constitute an object of sale, in view of the circumstance that DD applied for approval of a project plan to place the original police box on a convenience facility building along with other convenience facilities such as the Dong office and the post office, and submitted a letter that changed it and did not include the “site”.

C. Whether to recognize the right to use site under the Aggregate Buildings Act

(1) Relevant legal principles

If a constructor of an aggregate building purchases the site, but has yet to complete the registration of ownership transfer, and constructs an aggregate building on the ground, he/she has the right to possess and use it as the validity of a sales contract. In such cases, even though the constructor of an aggregate building purchases the exclusive ownership and the share of the site in the form of sale and pays the price in full, the actual requirements for the acquisition of ownership are met, but a person who has completed the registration of ownership transfer only for the exclusive ownership and did not complete the registration of ownership transfer due to the above reasons also has the right to occupy and use the site of a building for the ownership of the exclusive ownership as the validity of a sales contract. Such right to possess and use is a right different from a mere right to possess and use, which is a right of a sectional owner under Article 2 subparagraph 6 of the Aggregate Buildings Act to own the site of a building (see Supreme Court Decision 2004Da742, Mar. 10, 2006).

(2) Whether the right to use the land of this case exists

As seen earlier, the buyers or the sectional owners who succeeded to the ownership of the land from DD, purchased the share of the site from DD in the form of sale and paid the price in full, thereby completing the registration of ownership transfer for the portion of exclusive ownership of the instant apartment, even though the actual requirements for the acquisition of ownership for the share of the instant land have been met, the registration of ownership transfer was not completed due to the delay in the procedure for the registration of land substitution in this case. Therefore, as the effect of the sales contract with DD, the land of this case has the right

On the other hand, Article 20 of the Aggregate Buildings Act, which was enacted on April 10, 1984 and enforced on April 11, 1985, is subject to the disposition of the section for exclusive use owned by the sectional owner (Paragraph 1), and the sectional owner cannot dispose of the right to use site separately from his section for exclusive use unless otherwise prescribed by the agreement or notarial deed (Paragraph 2 and Paragraph 4), and the prohibition of separate disposition cannot be asserted against a third party who has acquired a real right in good faith unless it is registered (Paragraph 3). Article 4 of the Addenda of the Act provides that Article 20 of the Act provides that the above Article 20 shall apply to a transitional measure from the date two years have elapsed since the enforcement date of this Act to the date of entry into force of the Aggregate Buildings Act. Accordingly, even if the apartment of this case was completed on April 11, 1985 before the enforcement date of the Aggregate Buildings Act, Article 20 of the Aggregate Buildings Act shall have the right to use site from April 11, 1987 to the plaintiffs.

D. Whether the attachment disposition of this case is invalid

The reasoning for this part is that the part of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance, except that the part of the 15th to 16th of the 8th of the 8th of the 8th of the 3rd of the 19th of the 8th of the 8th of the 19th of the 19th of the 19th of the 19th of the 19th of the 19th of the 19th of the 196th of the 196th of the 206th of the 206th of the 206th of the 206th of the 206th of the 206th of the 206th of the 2013.

3. Conclusion

The judgment of the first instance is justifiable. The defendant's appeal is dismissed.