1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

1. Basic facts

A. Nonparty D, one of its own owners, newly constructed a building listed in [Attachment List 1 through 13 (hereinafter “instant building”) on the area of 149.2 square meters (hereinafter “instant land”). On July 24, 2012, Nonparty D completed registration of ownership preservation. The ownership registration of the instant building was not completed.

B. The Plaintiff was awarded a successful bid for the instant building on September 2, 2014, and completed the registration of ownership transfer on December 3, 2014, from the procedure for compulsory auction of real estate (Seoul District Court E; hereinafter “instant auction procedure”).

C. Meanwhile, on April 19, 201, the Defendant, who completed the registration of the provisional registration of the right to claim ownership transfer on April 21, 201 on the instant land based on the purchase and sale reservation on April 19, 201, completed the principal registration of ownership transfer on August 14, 201 on the instant land due to trade on August 6, 2012.

[Recognition] Facts without dispute, Gap evidence 1-1 to 14, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s claim that the sale of the instant auction procedure included the site ownership of the instant building. As long as the Plaintiff acquired the instant building, which is an aggregate building, the right to use the site, the section for exclusive use and the right to use the site, the subordinate subdivision of which is recognized, belongs to the Plaintiff. Therefore, regardless of whether the registration of the site ownership of the instant building was completed, the Plaintiff acquired the site ownership by fully paying the successful bid price of the instant building.

Therefore, the Plaintiff, based on the above right to use the site, seeks the Defendant to implement the procedure for the registration of transfer of ownership based on the successful bid of the building in this case.

B. Even if the Plaintiff acquired the right to use site of the instant building, the Plaintiff against the Defendant, who received the ownership transfer registration for the instant land from D, after having acquired the right to use site of the instant building.