1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Basic Facts

On November 23, 2006, the Defendant received a successful bid for the instant land in the D Voluntary Auction Procedure for the Changwon District Court (Seoul District Court), and completed the registration of ownership transfer on November 29, 2006. On the instant land, the Defendant sold part of the shares to the sectional owners of the said E apartment on the instant land, and currently owns the current shares of 23,248,803/62,380,000.

F and G purchased 1/2 shares of the instant apartment on December 2, 2005, and completed the registration of ownership transfer on December 2, 2005, and acquired legal superficies on the instant apartment site.

After the commencement of the compulsory auction procedure for the above apartment, H was awarded a successful bid on September 4, 2013, and the Plaintiff purchased the apartment of this case from H on May 20, 2015 and completed the registration of ownership transfer on May 21, 2015.

【The Plaintiff’s assertion that the Defendant filed a lawsuit against F and G on April 10, 2015 against F and G seeking the removal of the instant apartment site and the delivery of the site, and the said court rendered a judgment that accepted the Defendant’s claim on October 28, 2015, and the said judgment became final and conclusive around that time.

As a result, the legal superficies on the instant site of F and G was extinguished, and if there is a building when the superficies is extinguished, the superficiary can claim the purchase of the building at a reasonable price against the person who created the superficies in accordance with Article 283 of the Civil Code.

Therefore, the Defendant, the owner of the instant site, is obligated to purchase the said apartment from the Plaintiff who acquired the ownership of the instant apartment through F, G and H.

In addition, according to Article 7 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), if there is a sectional owner who has no right to use the site, a person who has the right to claim the removal of the section of exclusive ownership can request the sectional owner to sell his/her sectional ownership at the market price.