The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In order to establish sectional ownership for one building, there must be only one building in objective physical and physical aspects and separate parts of the building should be independent in structural use, and the physically partitioned parts of the building should be the objects of sectional ownership;

Here, the act of partitioning is a kind of legal act, without changing the physical form and quality of a building, intended to divide a specific part of the building into an object of separate ownership under the legal concept, and is not a special restriction on the time and method, but it is recognized when the intention of the disposal authority is objectively indicated.

Even before the physical completion of a sectioned building, if the intention of division is objectively indicated that the future new building is a sectioned building through an application for building permission or a contract for sale in lots, etc., the existence of the act of division may be recognized. However, if the structure and form of a sectioned building are deemed to be identical to that of the building permit in terms of social norms, the partitioned ownership is established at that time when the objective physical completion

(See Supreme Court en banc Decision 2010Da71578 Decided January 17, 2013, and Supreme Court Decision 2012Da109538 Decided June 24, 2015, etc.). Meanwhile, under Article 20(2) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), a sectional owner cannot dispose of his/her right to use site separately from his/her section of exclusive ownership. The “right to use site” prohibited by the aforementioned provision is that a sectional owner has a right to the site of a building to own the section of exclusive ownership (Article 2 subparag. 6 of the Act on the Ownership and Management of Aggregate Buildings).