A. C, on June 23, 1994, purchased D Apartment Nos. 102 and 503 (hereinafter “instant apartment”) in Nowon-gu, Seoul, from the Defendant, and completed the procedure of ownership transfer registration only with respect to the section for exclusive use of the instant apartment on August 31, 2009.

B. The share of the land indicated in the order (hereinafter “instant part”) is the share of the instant apartment site.

C. The Plaintiff acquired the instant apartment on May 22, 2013 from the procedure for compulsory auction (Seoul Northern District Court E) that was in progress with respect to the section for exclusive use of the apartment.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. The plaintiff's summary of the parties' assertion was evaluated and sold together with the share of the instant apartment site in the compulsory auction of the instant section for exclusive use. Since the share of the instant apartment site, which is an aggregate building, cannot be separately disposed of, the defendant is obligated to transfer the share of the instant apartment site to the plaintiff in accordance with the disposition of the section for exclusive use. Thus, the defendant asserted that the defendant was obligated to transfer the share of the instant apartment site to the plaintiff without any reason, and that the share of the instant

3. Where a purchaser of an aggregate building has completed the registration of transfer of ownership or change of a site ownership to a purchaser of an aggregate building at the end of the year after cadastral adjustment was made, but the auction procedure for a section of exclusive ownership is in progress without registration of transfer of ownership or change of a site ownership, and a third party has been awarded a successful bid, the successful bidder shall acquire the right to use the site under subparagraph 6 of Article 2 of the Act on Ownership and Management of Condominium Buildings;

(See Supreme Court Decision 2004Da58611 Decided September 22, 2006). Meanwhile, the Registration of Real Estate Act is applicable.