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1. At the same time, the defendant receives KRW 81,247,505 from H, and at the same time, each of the lands listed in the attached Table 1 to the plaintiffs.
Reasons
1. Basic facts
A. The defendant is an reconstruction maintenance project association established for reconstruction of the Gu I Apartment during Ansan-si, and H, which was a member of the defendant, has completed the registration of ownership transfer based on the trust about No. 1301, the above I Apartment 1,301 to the defendant.
B. The Defendant newly constructed J apartment on the ground of the land listed in the attached Table 1 list (hereinafter “each of the instant lands”), and H was sold by the Defendant an apartment as indicated in the attached Table 2 list (hereinafter “instant apartment”).
C. Upon the Defendant’s application, the procedure for compulsory sale of real estate to K with respect to the section for exclusive use among the instant apartment units was conducted (hereinafter “auction case”), and the Plaintiffs, as the highest bidder, paid in full the proceeds of sale on December 8, 2014, and completed the registration of ownership transfer with respect to the section for exclusive use among the instant apartment units on December 17, 2014.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The actual requirements for acquiring ownership are met by purchasing a section for exclusive use and a share in the site from a constructor of an aggregate building in the form of sale, and paying the price in full. However, a person who has received only the registration of ownership transfer for a section for exclusive use and has not yet completed the registration of ownership transfer with respect to a share in the site shall have the right to possess and use the site of a building in order to own the section for exclusive use as the validity of a sales contract. Such right in the buyer's position is a right to use a site, which is a right of a sectional owner under Article 2 subparagraph 6 of the Act on the Ownership and Management of Aggregate Buildings, to own the section for exclusive use, and a right to use the site, which is a right to own in the site of a building, in order