1. The Plaintiff (Counterclaim Defendant) is out of the shares of 174.6/349.1 on the land stated in the attached list No. 1 to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 12, 2008, the Plaintiff acquired the ownership of the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”). The Plaintiff, E, and F, as joint owner, newly constructed a collective housing of three floors of reinforced concrete roof (hereinafter “instant condominium”) on the said land, with the Plaintiff, E, and F as a joint owner, and obtained approval for use on May 17, 2010.

B. On June 3, 2010, in relation to G and H among the instant aggregate buildings, F, and in relation to subparagraph I, the Plaintiff completed registration of initial ownership in relation to subparagraph D (attached Form 2; hereinafter “instant building”).

C. However, the Plaintiff and F, as to each of the pertinent buildings, completed a site ownership registration based on the acquisition of section for exclusive use, and E did not complete the registration of ownership transfer as to the portion corresponding to the portion of the site ownership ownership of the instant building, and held the Plaintiff’s share of 174.6/349.1 of the instant land (the share of 88.9/349.1 is registered as to the portion of exclusive ownership of the Plaintiff’s building).

On May 26, 2016, the procedure of voluntary auction was initiated on the instant building, and the Defendant acquired ownership on February 6, 2017.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including virtual number), the purport of the whole pleadings

2. Determination

A. In a case where a seller of an aggregate building has completed an auction procedure for a section of exclusive ownership without a registration of transfer of ownership or change of a site ownership in relation to a section of exclusive ownership, the seller of an aggregate building shall obtain the right to use the site under Article 2 subparagraph 6 of the Act on the Ownership and Management of Aggregate Buildings, and the buyer shall obtain the right to use the site from the buyer, if the buyer fails to obtain the registration of transfer of ownership or change of a site ownership in relation to the section of exclusive ownership.