1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On August 1, 2007, the Plaintiff entered into a sales contract with the Defendant for the purchase of KRW 170 million (hereinafter “instant apartment”) of KRW 202,00,000,000, mobile 202, located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant apartment”).

In the indication of the subject matter of a sales contract, land is classified into “land category”, “type of site right”, and “area: 80.23 square meters,” respectively, and in the title section of the entire registration of apartment buildings, the land which is the subject matter of the site right is indicated as “land ownership: Site ownership” and “land ownership ratio: 80.23/358,” respectively.

【A1, A2】

B. After purchasing the instant apartment from F on May 8, 2002, the Defendant filed a lawsuit against Incheon Metropolitan City, the owner of the instant apartment, claiming for ownership transfer registration (Seoul District Court Decision 2006Gadan102313) regarding the ownership transfer registration on the ground of the prescriptive acquisition (hereinafter “instant land”), in addition to the said D land (hereinafter “minimum administrative district and parcel number”) in 2006, in addition to the C-232.7С used as the site of the instant apartment.

[A2, A3, A4, A5, and A6]

C. The above case was concluded on December 21, 2006 by Incheon Metropolitan City to implement the procedure for the registration of ownership transfer of the land of this case to the defendant, and accordingly, the defendant completed the registration of ownership transfer on August 23, 2007.

[A, A, 4]

2. The instant apartment building’s site ownership is registered as 80.23/358 out of D large 2417.4 square meters. Before the instant sales contract was concluded, the agreement was concluded that the Defendant had already received the transfer registration procedure on the instant apartment’s land, which is 80.23/3 of the 232.7 square meters of another site of the instant apartment.

In this situation, the sales contract of this case is the area subject to site ownership and 59.