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The judgment below
The part against the plaintiff shall be reversed, and that part of the case shall be remanded to the Panel Division of the Cheongju District Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1.(a)
Notwithstanding Article 91(2) of the Civil Execution Act, where the condition of special sale is stipulated that “the right to use the site shall continue to exist before the establishment of the right to use the site was established as a separate registration on the site of an aggregate building and have the purchaser acquire it,” even if the land and public land, which is the right to use the site, are all sold together with the section for exclusive use of an aggregate building, the right to use the site shall continue to exist without extinguishment,
B. Furthermore, in a case where an auction is conducted for the portion of land and public land corresponding to the right to use the site of a part of exclusive ownership, which was established as a separate registration as to the site prior to the establishment of the right to use the site, and the said portion of land and public land was sold out and disposed of separately from the said section of exclusive ownership, the right to use the site for that section of exclusive ownership becomes extinguished (see, e.g., Supreme Court Decision 2005Da15048, Mar. 13, 2008). Therefore, in the auction procedure, the person who purchased the portion of land and public land, which is the right to use the site, and acquired the ownership, can seek removal of the said section of exclusive ownership unless there are special circumstances, such as that he/she acquired the right to use the site by other means against the owner of the portion of exclusive ownership who lost
(See Supreme Court Decision 95Da40465 delivered on November 29, 1996). C.
Meanwhile, each section of exclusive ownership and its right to use site shall be registered with respect to all sections of exclusive ownership from the date of new construction of an aggregate building, and the section of exclusive ownership and the right to use site shall be disposed of.