A. On December 193, 1993, the Defendant constructed a collective housing of 4 floors of reinforced concrete structure sloping roof (hereinafter “instant collective housing”) on the ground of 278m2 (hereinafter “instant land”).

The defendant registered the preservation of ownership on December 22, 1993 with respect to the apartment houses of this case, but did not complete the registration of the right to the site of this case which falls under the site at the time.

B. On February 10, 1997, the Plaintiff was awarded a successful bid of the building listed in the separate sheet among the above multi-family housing (hereinafter “instant housing”) and completed the registration of ownership transfer on March 11, 1997.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. In a case where a constructor of a related law-based condominium building constructs an aggregate building on the site owned by him and completes the registration of ownership preservation in the name of the architect with respect to a section for exclusive use, the building site ownership of the constructor constitutes the right to use the site, which is the right of the sectional owner under Article 2 subparagraph 6 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”) to own a section for exclusive use.

In addition, the right to use site of a sectional owner in an aggregate building has a right to use site, which is a accessory property or a subordinate right (Article 20(1) and (2) of the Aggregate Buildings Act), as the sectional owner's right to use site in an aggregate building is recognized to be separated from the section of exclusive ownership, unless there are special circumstances such as that the section of exclusive ownership is otherwise stipulated by the regulations, and the decision to commence auction and the seizure on the section of exclusive ownership are also effective

Even if the auction procedure concerning a section for exclusive use is in progress, the purchaser who purchased the section for exclusive use in the auction procedure shall acquire the right to use the site along with

Supreme Court Decision 200