1. The plaintiff's claim is dismissed.

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

Basic Death Time

A. On March 28, 1995, the Korea Housing and Commercial Bank completed the registration of creation of a new mortgage on D on April 17, 1998 (hereinafter “instant land”) with respect to Jeju City (hereinafter “instant one”) on March 28, 1995.

After then, the decision of voluntary auction was made on March 13, 200 on the land of this case 1 and 2 according to the application for voluntary auction by the Korea Housing and Commercial Bank, and on May 24, 2001, E completed the registration of transfer of ownership by winning each of the above land.

After that, on June 22, 2002, the ownership was transferred to the defendant with respect to the share 1609.36/181 among the land of this case 1 and 2/181, and on August 23, 2002, the ownership was transferred to the defendant with respect to the share 162.974/9 of each E out of the shares 1,81.

B. Meanwhile, on October 27, 1998, an apartment building was newly constructed on the ground of the instant land 1, 200, and approved for use of the said apartment building. On August 7, 1997, the said apartment building No. 1111 (hereinafter “instant apartment”) completed the registration of transfer of ownership on August 7, 1997, and the voluntary auction commenced and the F completed the registration of transfer of ownership by winning a successful bid on February 16, 2007. The F completed the registration of transfer of ownership on January 23, 2009 with the Plaintiff.

C. The Defendant filed a lawsuit against F with the Jeju District Court 2008Kadan10326 against the Defendant seeking rent for the instant land 1 and 2, which owned and possessed the instant apartment as the Jeju District Court 2008Kadan10326, and in the said lawsuit, on September 1, 2008, the Defendant rendered a decision of recommending reconciliation, such as “F shall pay the Defendant the rent of KRW 50,50 per month as a result of the use of the site,” and the said decision was finalized.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 (including a provisional number; hereinafter the same shall apply), and Article 20 of the Act on the Ownership and Management of Aggregate Buildings for the purport of the whole pleadings by the plaintiff (hereinafter "the Act on the Ownership and Management of Aggregate Buildings") is the relation of an accessory that cannot be disposed of separately from the section for exclusive use. Thus, the apartment of this case.