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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
. Although the State did not repay the loan, a voluntary auction procedure (hereinafter “instant auction procedure”) was in progress. D.
On January 8, 2014, the Plaintiff: (a) received the sale of the instant building Nos. 601, 602, 603, and 801 (hereinafter “instant section for exclusive use”); and (b) paid the price and acquired ownership thereof.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 7 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the parties’ assertion is that the Defendant, who was the owner of the instant land and did not acquire the share of the land corresponding to the instant section for exclusive use, sought unjust enrichment from the use of the said land, the Defendant, through the instant auction procedure, failed to comply with the Plaintiffs’ claim, since the Defendant also acquired the right to use the land
B. Relevant legal principles* The right to use site of a sectional owner in an aggregate building is recognized as a subdivision of sections for exclusive use and subordinate sections, barring special circumstances, such as otherwise stipulated by regulations or notarial deeds (Article 20(1) and (2) of the Act on the Ownership and Management of Aggregate Buildings). Therefore, the buyer who purchased a section for exclusive use from the constructor of an aggregate building with a site ownership and completed the registration of ownership transfer thereof shall acquire the ownership of the portion of land and public land equivalent to the right to use site of the section for exclusive use (hereinafter “shares in site”).
The effect of the mortgage established on only the section for exclusive use among the section for exclusive use and the share in the site which belongs to the same person shall be limited to the share in the site, which is the accessory or accessory right, unless otherwise stipulated by the regulations or notarial deeds. Therefore, the mortgage established on the section for exclusive use shall be held at the auction procedure based on