1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In the Seoul Central District Court B real estate auction procedure (hereinafter “instant auction procedure”), the Plaintiff was awarded the bid price of KRW 61 million for the first floor 112 and 134 above the Seocho-gu Seoul Metropolitan Government Ctel underground (hereinafter “each of the instant real estate”) and subsequently registered the ownership transfer under the name of the Plaintiff on February 1, 2012.

B. On March 14, 2012, the Plaintiff created the right to collateral security, each of which is KRW 65 million with the debtor D, the mortgagee, the Han Bank, the maximum debt amount, and the maximum debt amount, respectively, as joint collateral.

C. After that, on October 28, 2014, one bank applied for a voluntary auction on each of the instant real estate to Seoul Central District Court E, and rendered a decision to dismiss the said voluntary auction application on March 20, 2015. However, the said court rendered a decision to revoke the said voluntary auction decision and to dismiss the said voluntary auction application on the ground that “Although the instant real estate was registered as a separate partitioned building independent of the aggregate building register and was registered as the object of sectional ownership on the entire registration certificate, it actually failed to meet the objective and physical requirements adequate as the object of sectional ownership.”

On the other hand, the report on the survey of the current status of each of the real estate in the auction procedure of this case states that “The 35 stores underground 1st floor FHke are integrated and operated, and the 112th underground floor and the 134 stores underground 134 above, which are the real estate, shall be included in the above hke, and the location of the real estate as seen above shall not be confirmed.”

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, and 4

2. Determination

A. Part of the building which does not meet the physical requirements that are the object of the plaintiff's sectional ownership cannot be established as a sectional ownership. Thus, it is a separate separate building that is independent of the building management ledger.