1. The plaintiff B's lawsuit against the defendants is dismissed.

2. The plaintiff A's claim against the defendants is dismissed.

3...

1. Facts of recognition;

A. On the ground of Yongsan-gu Seoul Metropolitan Government 1,514 square meters (hereinafter “instant land”), there is a building of five stories above ground leveling to the third five stories above ground level (hereinafter “instant aggregate building”). On October 31, 1996, the Plaintiff purchased shares of 11.5/1,514 out of the instant building (hereinafter “instant partitioned building”) and completed the registration of ownership transfer on December 24, 1996.

B. Meanwhile, on December 31, 1984, with respect to the portion owned by G on December 2675/1514 of the instant land, the registration of the establishment of a neighboring mortgage was completed in the name of the Seoul Western District Court (Seoul Western District Court No. 93737), and on October 14, 1986 with respect to the portion owned by G on October 14, 1986, the above Seoul Trust Bank received the above registration office No. 64411, the registration of the establishment of a neighboring mortgage was completed in the name of the said Seoul Trust Bank. However, based on each of the above collective security (hereinafter “instant collective security”), the aforementioned collective security (hereinafter “instant share”), the ownership auction procedure was commenced voluntarily with the Seoul Western District Court I for the real estate auction (No. 125), the Defendants and the Defendants (hereinafter collectively referred to as the “Defendant et al.”), with respect to the shares in the instant land subject to the registration of establishment of a new ownership under the name of the Defendants, 30384.36.387

(A) No. 140, the above auction procedure (hereinafter referred to as “instant auction procedure”) and the above auction permit decision (hereinafter referred to as “sale permit decision”).

The Defendants, etc. filed a claim for the return of unjust enrichment against 33 co-owners of the instant aggregate building, including Plaintiff A, as Seoul Central District Court Decision 2008Gadan220825, with respect to the portion of the instant share possessed and used by sectional owners for the ownership of each sectional building.