1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. The reasoning of the court's explanation concerning this case is as follows, and it is identical to the part corresponding to the defendants in the reasoning of the judgment of the court of first instance except for partial revision as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

o The following shall be added to not more than 7 pages 17 of the first instance court judgment:

The Defendants asserted to the effect that, even if N, the owner of the instant land, did not acquire the sectional ownership of the instant building, there was N’s consent to use the instant building at the time of construction of the instant building by N, and that the National Bank, a person with superficies, consented to the new construction of the instant building, the ownership of N’s land cannot be deemed as a right irrelevant to the ownership of the section for exclusive use, on the ground that there is a restriction on the consent to new construction of the building, and thus, the Defendants’ exclusive ownership

However, solely based on the foregoing circumstances, it cannot be deemed that O, a constructor of the instant building, acquired the right to possess and use the site for an aggregate building, which differs from a mere right to possess and rent a building.

In addition, since there is a disposal act of the establishment of the right to collateral security before the establishment of the aggregate building and auction is conducted as a procedure for the execution of the right to collateral security, the sale of the existing right to collateral security can not be an independent disposal after the establishment of the aggregate building, and the existing right to collateral security has acquired exchange values as a site before the establishment of the aggregate building at the beginning, and if the separate disposal of the newly constructed aggregate building and the site is prohibited after the new construction of the aggregate building, the existing right to collateral security on the site is restricted from the disposal of the use of the site due to the restriction of the right to collateral security right to collateral security, and thus the exchange values of the site reduced to the value of the right to collateral security