1. As to the share 7.963/463 of the share of Seocho-gu Seoul Emiscellaneous land 3818.1 square meters,

A. Defendant C is the defendant D on August 1995.

1. Facts of recognition;

A. Seocho-gu Seoul Metropolitan Government F, G, E ground H apartment 6, 206 (hereinafter “instant apartment”) is the same year as I on October 19, 1979 after the registration of initial ownership was completed by Newdong Construction Co., Ltd. on December 30, 1978

4. 14. The reason for the sale by the Defendant C on March 8, 1988.

3. The same year to Defendant D on October 16, 1995 due to the sale and purchase of July 1, 199.

8.18. Each registration of ownership transfer has been completed on the grounds of the sale.

B. The Plaintiffs purchased the instant apartment on January 10, 2014 at the voluntary auction by JJ of the Seoul Central District Court and completed the registration of ownership transfer on the same day.

C. Of the instant apartment site that is an aggregate building, the Seocho-gu Seoul Metropolitan Government F.F. 18374m2 and G 2426m26m2.7m2 among the instant apartment site, the ownership registration was made, and E miscellaneous land 3818m2 (hereinafter “instant site”) did not have the right to a site registration.

When selling the apartment of this case, Defendant C did not complete the registration of ownership transfer with respect to the share of 7.963/463 of the site of this case, which was otherwise transferred to Defendant D.

[Ground of recognition] Unsatisfy, each entry of Gap 1 through 4 (including paper numbers), the purport of the whole pleadings

2. The right to use the site of an aggregate building cannot be disposed of separately from the section for exclusive use, barring any special circumstance that allows separate disposal by regulations or notarial deeds, and is subject to the disposition of the section for exclusive use (Article 20 of the Act on the Ownership and Management of Aggregate Buildings). Therefore, the decision to commence auction and the seizure against the section for exclusive use as a matter of course shall have the right to use the site (see Supreme Court Decision 2000Da62179, Feb. 9, 2001). Therefore, if the owner of the section for exclusive use completes only the registration of ownership transfer with respect to the section for exclusive use and completes the registration of ownership ownership transfer with respect to the portion for exclusive use after the registration of ownership ownership transfer, the right to use the site, which is an accessory to the section for exclusive use