The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

The grounds of appeal are examined.

1. The right to use site is a right that a sectional owner has on the site of a building in order to own his section of exclusive ownership, and that is not necessarily confined to real rights such as ownership on the site, and that is not registered may also become the right to use site;

The right to use a site ought to remain effective as a right to use the site. However, the right to use the site ought to no longer become a right to use the site for a section for exclusive use. Since the right to use the site ought to remain effective as a right to use the site, the right to use the site becomes invalid later cannot be the right to use the site for the section for exclusive use.

(See Supreme Court Decision 2010Da15158 Decided September 8, 201, etc.). 2. Reviewing the reasoning of the lower judgment and the evidence adopted by the lower court reveals the following facts.

The Construction Co., Ltd. (hereinafter referred to as the "New Construction") decided to newly construct G apartment (name H apartment, hereinafter referred to as the "the apartment of this case") on the ground and 16 lots N in Kimhae-si, Kim Jong-si.

B. On June 3, 199, the Housing Business Mutual Aid Association (the Plaintiff comprehensively succeeded to the rights and obligations of the Plaintiff on June 3, 1999; hereinafter the “Plaintiff”) concluded a housing sale guarantee agreement with the purport that, on June 12, 1997, when the General Construction and General Construction and General Construction in 000 failed to perform the sale of houses to the buyers of the apartment of this case, the Plaintiff is responsible for the refund of the down payment and intermediate payment paid by the buyers or for the performance of the sale of houses.

Around that time, the Plaintiff concluded the instant trust contract with the purport to trust the site of the instant apartment owned by the 000 integrated construction and the housing and ancillary and welfare facilities under construction to the Plaintiff for the purpose of performing the said guarantee for sale.

C. On June 198, 1998, the construction of the instant apartment was suspended due to the failure to pay attention to the construction of the apartment, and the construction of the instant apartment was called as “the construction of the apartment site” (hereinafter referred to as “the construction”).