토지인도
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except where the part of the 8th to 9th of the 9th of the 8th of the judgment of the court of first instance was cited as follows, and thus, it is citing it as it is by the main text of
【As to this, the Defendants had already established the sectional ownership and the right to use site for the sectional ownership of the building at the time of completion of the Zdong building and A Qdong building at the end of 199 and thereafter, the voluntary auction procedure due to the execution of the right to collateral security established on the instant land is the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”).
(1) Article 20 of the Aggregate Buildings Act provides that “The right to use a site, which is prohibited from a separate disposition pursuant to Article 20 of the aforesaid Act, is null and void against the prohibition of separate disposition prescribed by Article 20, and the Plaintiff did not acquire the ownership in the said auction procedure.” Since a sectional owner’s right to use a site, which is prohibited from a separate disposition pursuant to Article 20 of the Aggregate Buildings Act, has against a sectional owner’s right to the site of a building to own a section of exclusive ownership, a right that a person who is not a sectional owner has prior to the construction of a aggregate building, regardless of the ownership of the said section of exclusive ownership, shall not be subject to the prohibition of separate disposition prescribed in Article 20 of the aforesaid Act. In the event a sectional owner of a aggregate building does not own the right to use a site from the beginning of the construction of the aggregate building, or the right to use a site expires due to the termination of the contract that is the cause of the ownership of the right to use a site, barring any special circumstance, the combined treatment of the section and the right to use of a site shall be applied.
As to the land of this case on November 7, 1996, the registration of creation of a mortgage with the maximum debt amount of KRW 675 million and the debtor AV as the debtor corporation.