1. The defendant attached to the plaintiff

1. With respect to 24.5/7/2129 of shares in the land indicated in the list, August 29, 2018.

1. On April 12, 2001, the Defendant purchased 1519.7/7 shares from the Korea Water Resources Corporation in attached Form 1. List (hereinafter “instant land”) and completed the registration of share ownership transfer on February 25, 2005.

Although the defendant completed the registration of ownership preservation on the real estate listed in the [Attachment 2] List on November 28, 2002 (hereinafter “instant commercial building”), he did not file for the registration of ownership transfer on the right to use the site.

As to the commercial building of this case, the defendant completed the registration of ownership transfer to C on June 12, 2003 due to the sale as of June 2, 2003, and D completed the registration of ownership transfer due to the sale as of March 13, 2008.

The Plaintiff purchased the instant commercial building from D on August 27, 2018, and completed the registration of ownership transfer on August 29, 2018.

The share of the instant commercial building in the instant land is 24.5/7 of 2129.

[Ground of recognition] Facts without dispute, A1-1, 1-2, 2, purport of the entire pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Plaintiff acquired the ownership of the land and public land equivalent to the right to use the site of the exclusive ownership unless otherwise stipulated in the rules, etc., by purchasing the exclusive ownership from the Defendant, who is the constructor of an aggregate building with the ownership of the site

Therefore, the Defendant is obligated to implement the procedure for registering the transfer of a site ownership share on August 29, 2018 regarding 24.5/7, which is the share of the instant land in the instant commercial building, on the ground that the section for exclusive use is acquired.

B. The Defendant asserts that C, the buyer of the instant commercial building, did not pay KRW 20,59,642 out of the sale price, and that C, the buyer of the instant commercial building, would refuse to implement the procedures for registering the transfer of the Plaintiff’s right to site ownership shares by exercising his/her right to make simultaneous performance until the payment of the sale price is made. 2) A1-2 and B1-1, comprehensively taking account of the purport of the entire arguments.