The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

The grounds of appeal are examined.

1. Article 20 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”) provides that the sectional owner’s right to use the site shall follow the disposition of his section of exclusive ownership (paragraph (1)), and the sectional owner shall not dispose of his right to use the site separately from his section of exclusive ownership unless otherwise provided by regulations or notarial deeds.

(Paragraphs 2, 4) is defined.

In the case where the constructor of an aggregate building constructs an aggregate building on his land and completes the registration of ownership preservation in the name of the architect with respect to a section for exclusive use, the building owner's ownership is the right to use the site, which is the right of the sectional owner under Article 2, subparagraph 6 of the Aggregate Buildings Act, to own the section for exclusive use.

Therefore, barring special circumstances such as the existence of regulations that allow the separate disposal of the right to use site against the section for exclusive use, the right to use site can not be disposed of separately from the section for exclusive use, and the disposal of the share in site that violated the regulations is invalid

(1) In the event that an aggregate building which has been established as a sectional ownership is extended and a new section for exclusive use has arisen, the building owner’s right to use the site is already established as a right to use the site to own the existing section for exclusive use, and thus, the building owner’s right to use the site for a new section for exclusive use cannot be the right to use the site, barring special circumstances prescribed otherwise by regulations or notarial deeds.

2. Review of the reasoning of the lower judgment and the record reveals the following facts.

D. The Co., Ltd. (hereinafter referred to as “D. P.D. Co., Ltd.”) constructed a 4-story building (hereinafter referred to as “instant building”) on the land of 616 square meters in Daegu North-gu, Daegu-gu and H large 296 square meters in its own possession, and on June 27, 2008.