1. The Defendant’s share on June 10, 2013 with respect to the Plaintiff’s share 19.93/5,893.7 square meters in Seoul Special Metropolitan City, Nowon-gu.

1. Facts of recognition;

A. On April 18, 2007, on the part of the Defendant’s obligee, Han Young-gu Co., Ltd. (hereinafter “the non-party company”), the registration of preservation of ownership was completed only for the part of exclusive ownership of B apartment Nos. 102 and 1303 (hereinafter “the apartment of this case”) located in the name of the Defendant, Nowon-gu, Seoul.

B. C, D, E, and F (hereinafter “C, etc.”) received the instant apartment from the Defendant on June 24, 1994, and completed the registration of ownership transfer only with respect to the portion of exclusive ownership of the instant apartment on August 31, 2009.

C. Since then, with respect to the share of the site subject to the site right of the instant apartment, the registration of ownership transfer in the name of the said G, etc. has not been completed, the Plaintiff acquired ownership on June 10, 2013 by selling the instant apartment in the procedure for compulsory auction (Seoul Northern District Court H) for the instant apartment on June 10, 2013 and in full paying the price.

The share of the instant apartment site in Seoul Special Metropolitan City, Nowon-gu, 5,893 square meters (hereinafter “instant land”) is 19.93/5,893.7 (hereinafter “the share of the instant apartment site”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. The basic legal principle is that a seller of an aggregate building acquires a right to use a site under Article 2 subparag. 6 of the Act on the Ownership and Management of Aggregate Buildings as its principal right in a case where an auction procedure for a section of exclusive ownership is conducted in the state that a transfer of ownership or a right to a site has not been registered without registration of change of a site ownership, and a registration of change of a right to a site should be made at the end of the year following the adjustment of land registration, and a registration of change of a right to a site ownership has been completed only for a section of exclusive ownership. However, the successful bidder is deemed to have acquired a right to use a site under Article 2 subparag. 6 of the aforesaid Act (see Supreme Court Decision 2004Da58611, Sept. 22,