1. The plaintiff's claim of this case is all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is an organization in which the 17-dong apartment units B (hereinafter referred to as “instant apartment units”) form for the management of apartment units. The Plaintiff is the owner of the 17-dong apartment units located on the entrance side of the instant apartment complex (hereinafter referred to as the “instant land”) and the 631-story Cand 631 square meters (hereinafter referred to as the “instant apartment complex”) and the 1-story underground floor and the 4-story building on the ground (hereinafter referred to as the “instant commercial building”).

나. 이 사건 상가 및 아파트 단지의 인접 도로와 이 사건 상가 및 아파트 단지를 연결하는 용인시 수지구 D 도로 315㎡ 및 E 도로 269㎡(이하 ‘이 사건 도로’라고 한다)는 이 사건 상가 및 아파트의 출입로로 이용되고 있고, 그 연결시작 지점에 이 사건 상가 및 아파트 단지로의 출입을 통제하는 차량차단기(별지 1 도면 표시 ㉠㉡, 이하 ‘이 사건 차단기’라고 한다)가 설치되어 있다.

C. The Defendant concluded that the road of this case constitutes an incidental facility of the apartment of this case, and the execution company of the apartment of this case agreed to transfer the ownership of the apartment of this case to the Defendant at the time of entering into the sales contract with the buyer of the apartment of this case, the management office of the apartment of this case and other ancillary facilities, etc., and thus, the executor of the apartment of this case and the owner of the road of this case are obligated to transfer the ownership of this case to the Defendant. On April 2, 2004, the Defendant filed a lawsuit for ownership transfer registration against the above executor of this case against the Defendant

Therefore, since the road of this case is used as access roads to the commercial building of this case, the plaintiff is not only the apartment of this case but also the incidental facilities of the commercial building of this case. The executor of the apartment of this case and the commercial building of this case agreed to transfer the ownership of the incidental facilities to the plaintiff. Thus, the plaintiff shall implement the procedure for the registration of ownership transfer to the plaintiff.