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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the court’s explanation concerning this case is as follows, except where the Defendants added the following judgments as to the matters alleged in the court of first instance, and thus, it is identical to the part of the reasoning of the court of first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The plaintiffs' right to use the land of this case is subject to the disposition of the sectional owner's right to use the land of this case. The sectional owner's right to use the land of this case is invalid because it is against the provisions of Article 20 of the Act on the Ownership and Management of Aggregate Buildings that the right to use the land can not be disposed of separately from his section of exclusive ownership unless otherwise provided by the regulations. Thus, the plaintiffs' claim is without merit.
B. According to the evidence Nos. 7 and 3-1 and 2 of the evidence Nos. 7 and 3-2, each of the instant lands was acquired by S around 1980, and thereafter the registration of ownership transfer for inheritance was made by his heir on September 8, 1992, and thereafter on May 20, 193. The plaintiffs purchased each of the instant lands on December 31, 2009 through compulsory auction, and the plaintiffs purchased 26.41/12 of September 4, 1985 with respect to subparagraph 136. After the completion of the registration of ownership transfer for the remaining shares by S's heir, it can be recognized that the Defendants completed the registration of ownership transfer for the shares under subparagraph 136 from U and S's heir.
However, if part of a building is to be the object of sectional ownership, it should be independent from other parts due to its structural structure or use. However, as the Act on the Ownership and Management of Aggregate Buildings was amended by Act No. 6925 on January 9, 2004, several parts of the building are divided for use.