On November 16, 2003, the Defendant acquired all shares of 548 square meters in Gangwon-gun, Gangwon-gun, D large 445 square meters, E large 595 square meters, F large 398 square meters, and G 250 square meters.

On December 17, 2003, each of the above lands was combined with the land of 2,236 square meters in Gangwon-gun, Gangwon-do (hereinafter “instant land”).

around 202, the Defendant started the new construction of H apartment (hereinafter “instant apartment”) on the instant land and sold it in lots, and completed the construction around November 2003.

The defendant's creditors filed a provisional injunction against disposal of part of the part of the apartment of this case, or filed an application for a compulsory auction, etc., and the registration of ownership preservation for each part of the apartment of this case has been completed, but the registration to the effect that the land of this case is a site ownership or the registration of ownership transfer of the share of the site as to

The Plaintiffs acquired the ownership of the real estate stated in the column for “sub-owned portion” among the apartment buildings of this case on the date indicated in the “date of acquisition of the pre-owned portion” list of the quotation list due to sale, sale, gift, etc. in the auction procedure.

[Ground of recognition] The facts that there is no dispute, Gap evidence Nos. 1, 2, and 3, and the legal principles related to judgment as to the cause of claim for the purport of the whole pleadings, together with the proceeds from the constructor of an aggregate building to purchase the section for exclusive use and pay the proceeds thereof in the form of sale. However, a person who has received only the registration of ownership transfer and has not completed the registration of ownership transfer as to the section for exclusive use and has the right to possess and use the site of a building for the ownership of the section for exclusive use as a result of the validity of a sales contract, and the buyer's right to possess and use the site is different from the mere right to possess and use the site of a building.