The judgment below is reversed and the case is remanded to the Seoul Central District Court.

1. The reasoning of the lower judgment reveals the following facts.

AH obtained a building permit for an aggregate building with the fourth underground and the 12th floor above ground (hereinafter referred to as “instant building”) in Gangnam-gu Seoul Metropolitan Government Y-gu 704 square meters (hereinafter referred to as “instant land”), and completed the construction permit for the aggregate building with the 12th floor above the ground, and obtained approval for use on September 16, 2005.

B. On October 5, 2005, AH completed the registration of ownership transfer for the instant land due to the reversion of trust property.

Of the instant land on the same day, the registration of the purport that the ownership of the instant building was the site was completed with respect to the share 655.56/704 among the instant land, but the remaining 48.44/707 shares (hereinafter “instant share”) did not register a site ownership but did not remain in the name of the KH ownership.

On the same day, the registration of ownership ownership registration was completed for each section of the building of this case, with the registration of ownership ownership registration as the "right to a site" on September 16, 2005 and the "right to a site" on the grounds for each section of this case.

The aggregate ratio of site ownership of each section for exclusive use is 655.56/704.

C. Subsequent, provisional seizure, seizure, etc. upon the instant shares were completed for the instant shares in arrears.

On November 23, 2015, the Plaintiff purchased the instant shares in the public sale procedure and completed the registration of ownership transfer on December 17, 2015.

On the other hand, the Defendants, as sectional owners who transferred and acquired each of the sections of the instant building, occupied and used the entire land of this case as the site of the instant building.

2. The judgment of the court below

A. In addition to the above facts, ① On October 5, 2005, the registration of preservation of ownership of each of the sections of the instant building was submitted to the registry by the KAH on the application of the registration of preservation of ownership of each of the sections of the instant building. ② A certified judicial scrivenerJ’s authority to use the site and a certified judicial scrivener’s authority to separately dispose of all the sections of exclusive ownership delegated by the KAH and delegated the registration of preservation of ownership of the instant building.