1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, on the part of the 683m2 in Gwangju City E, to the Plaintiff (Appointed Party), the Appointor C, and D.

Basic Facts

- The F constructed the 4th unit of reinforced concrete structure of 8 households, which is an aggregate building on the ground of the instant site (hereinafter “instant building”), and completed the registration of ownership preservation on October 8, 2012 with respect to each section of exclusive ownership, and on the same day, the right to a site was registered on the instant site.

- The Defendant, as a sectional owner referred to in subparagraph 1 of the first floor of the instant building, purchased the first floor of the instant building No. 1, around April 2013, installed a wood park on the occupied part of the instant site adjoining subparagraph 1 of the first floor of the instant building and occupied and used the instant occupied part exclusively.

- The sectional owners under subparagraph 2 of the first floor of the instant building are G, and the sectional owners under subparagraph 2 of the second floor of the instant building are the plaintiffs (appointed parties; hereinafter referred to as the "Plaintiffs"). The sectional owners under subparagraph 1 of the third floor of the instant building are H, and the sectional owners under subparagraph 2 of the third floor of the instant building are I, and the sectional owners under subparagraph 1 of the fourth floor of the instant building are the designated parties C, and the sectional owners under subparagraph 2 of the instant building of the fourth floor of the instant building are the designated parties D

[Reasons for Recognition] In a case where a sectional owner of an aggregate building, who has no dispute, owns a site of an aggregate building under the Act on the Ownership and Management of Aggregate Buildings, barring special circumstances, such as the existence of separate regulations, etc., in a case where a sectional owner of an aggregate building owns a site of an aggregate building, the site may not be occupied and used exclusively, unless there are special circumstances such as Gap's 1, 2, 3, and 7, Gap's 8-1 through 6, Eul's 2, 3-2, Eul's 5-1, and Eul's 5-2,

Therefore, a sectional owner of an aggregate building can seek delivery of a part of a site as a preservation act against another sectional owner who has exclusive possession of a part of a site of an aggregate building.

(see, e.g., Supreme Court Decision 2012Da112169, Jun. 27, 2013). The Appointed J, K, K, and L’s building of this case.