The costs of appeal are assessed against the Plaintiff’s Intervenor, and the remainder are assessed against the Plaintiff’s Intervenor.

1. As to the grounds of appeal Nos. 1, 2, and 3

A. Article 2 subparagraph 6 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) defines the right to use a site as “the right which a sectional owner has against a site of a building to own a section for exclusive use.” The reason why the Act on the Ownership and Management of Aggregate Buildings provides for the definition of the right to use a site as such is to clarify the scope of the right to use a site, which is recognized to be integrated with a section for exclusive use and a disposition, under

Therefore, the right to use a site under the Act on the Ownership and Management of Aggregate Buildings, which is subject to the disposition of a section for exclusive use and can not be disposed of separately from the section for exclusive use, is defined as the right under Article 2 subparagraph 6 of the Act on the Ownership and Management of Aggregate Buildings, that is, the right that the sectional owner has against the site of the building in order to own the section for exclusive use.

However, a sectional owner who has the right to use site under the Act on the Ownership and Management of Aggregate Buildings may prepare rules or notarial deeds that allow the separate disposal of the section for exclusive use and the right to use site (Article 20 (2), (4), and Article 3 (3) of the Act on the Ownership and Management of Aggregate Buildings), and transfer part of the right to use site under the Act on the Ownership and Management of Aggregate Buildings together with the section for exclusive use or own reservation of all of the right

B. Review of the reasoning of the lower judgment and the record reveals the following facts.

(1) The New Entertainment Co., Ltd. (hereinafter “BBD”) entered into a land trust agreement with the Defendant to newly construct and sell a commercial building on the instant land (hereinafter “instant trust agreement”) and the said trust agreement. < Amended by Presidential Decree No. 15183, Dec. 1, 1996>