The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined.

1. Article 20 of the Act on the Ownership and Management of Aggregate Buildings, enacted by Act No. 3725 of Apr. 10, 1984 (hereinafter “Act”) provides that “The right to use site of a sectional owner shall be subject to the disposition of his section of exclusive ownership (Paragraph 1), and the sectional owner shall not dispose of the right to use site separately from his section of exclusive ownership (Paragraph 2), except as otherwise provided by the regulations (Paragraph 2).” Article 1 of the Addenda of the Act provides that “This Act shall enter into force from the date one year has elapsed after its promulgation,” and Article 4 provides that “The provisions of Articles 20 through 22 of this Act on the ownership of and the right to use site to the existing section of exclusive ownership and its existing section of exclusive ownership at the time of its enforcement shall apply from the date two years have elapsed since

According to the above provisions, it is valid that a sectional owner disposes of the right to use site separately from his section of exclusive ownership before the provision of Article 20 of the Addenda to the Aggregate Buildings Act is applied pursuant to Article 4 of the same Act. In this case, the disposal of the section of exclusive ownership and the right to use site, even after the application of Article 20 of the Aggregate Buildings Act, shall not be deemed null

(See Supreme Court Decision 2010Da72779 Decided January 27, 2011). 2. Reviewing the reasoning of the lower judgment and the record reveals the following facts.

1) Around 1979, J constructed the instant building in the form of sectional ownership on the instant land owned by it, and completed the registration of ownership preservation on July 19, 1979 on the instant building, and completed the registration of ownership transfer on the instant land’s co-ownership along with the registration of ownership transfer on the relevant sectional ownership to buyers. The remaining co-ownership shares of the instant land were owned by itself or transferred to others than sectional owners. 2) The Aggregate Buildings Act.