The judgment below

Among the Defendants, the part concerning the request for the delivery of land against the Intervenor shall be reversed, and that part shall be reversed.

The grounds of appeal are examined.

As to the removal of buildings and the claim for return of unjust enrichment, the lower court, on the grounds as indicated in its reasoning, determined that the voluntary auction of the instant land portion is valid, and thus, the Plaintiff, as a co-owner of the instant land offered as the site of an aggregate building, may claim removal

In light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the relevant legal doctrine or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

2. As to the claim for partial equity of land

A. In light of social norms, since a building cannot exist regardless of its site, the land which became the site for the building shall be deemed to be possessed by the owner of the building. In this case, even if the owner of the building does not actually occupy the building or its site, it shall be deemed that he occupies the building site for the purpose of owning the building.

On the other hand, since the sectional owners of one building own the section for exclusive use by sectional ownership, they jointly possess and use the entire site of the building, barring special circumstances.

(See Supreme Court Decision 2012Da7670 Decided September 4, 2014, etc.). B.

In light of the above legal principles, the Defendants’ acquiring intervenor (hereinafter “acquisition intervenor”) should be deemed to have occupied and used the entire land of this case, which is the site of the building, jointly with other sectional owners without any title, as divided ownership of the instant apartment housing No. H without any right to use the land of this case. Thus, the Plaintiff can only seek to transfer the entire land against the acquiring intervenor, and it is clear that the Plaintiff’s seeking to transfer the share corresponding to the ratio of the area of the exclusive ownership of the instant apartment No. H among the instant land.