A. On October 11, 2004, the sales contract was concluded between the Defendant and Nonparty F with respect to the purchase price of approximately 274 square meters and KRW 93 square meters (hereinafter “each site of this case”) in Eunpyeong-gu Seoul, Seoul, and KRW 200 million (hereinafter “instant sales contract”). As a special agreement, the term “the instant sales contract was entered into with the Defendant lending KRW 200 million to F, and F is a contract under which the ownership of each site of this case is transferred to the buyer with the security.”

B. On October 11, 2004, the Defendant deposited KRW 200 million into the Hanmi bank account of F, and on October 13, 2004, each of the instant sites was registered under the name of the Defendant.

C. On each of the instant sites, there were three general housing units on the parallel parallel roof, and on November 4, 2004, the registration of ownership transfer was completed in the name of the Defendant on November 9, 2004. The instant housing was converted into an aggregate building (a multi-household house with 12 households) on the building ledger on November 9, 2004, and on November 20, 2004, the registration of ownership transfer in the said Defendant’s name was transferred to each household registration including the real estate listed in the attached Table (hereinafter “the instant exclusive ownership”).

On November 20, 2004, with respect to the instant section for exclusive use, the ownership transfer registration was filed in the name of Nonparty G, and thereafter, Nonparty H, I, J, and K each ownership transfer registration was filed in sequence with Nonparty H, J, and K.

On November 9, 2015, the Plaintiff received the registration of transfer of ownership based on the public auction on the same day with respect to the instant section for exclusive use.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. (1) In order to establish sectional ownership for one building of relevant legal principles, there are one building in an objective and physical aspect, and separate parts of the building must be independent in structure and use, as well as one building.