1. The defendant shall be 125.5/22,854.5/122 of the real estate listed in the separate sheet to the plaintiff (Appointed Party) and the Appointed C.

1. Facts of recognition;

A. The Defendant is a company that constructed and sold an apartment, which is an aggregate building, on the ground of 22,854m2,54m2 (hereinafter “instant land”) in Seongbuk-gu, Sungnam-si (hereinafter “instant land”).

B. On July 9, 1993, F entered into a sales contract with the Defendant for E Apartment G (hereinafter “instant apartment”) with the Defendant. The area of the section for exclusive use under the sales contract was 162.39 square meters, and the site share was 125.976/12,854.5 square meters.

C. The defendant completed the registration of ownership transfer on January 29, 1996 with respect to the portion of exclusive ownership of the apartment in this case, and completed the registration of ownership transfer on December 12, 1996 on the land in this case due to sale on May 27, 1993, but the registration on the site ownership of the apartment in this case was not made.

F on June 3, 1996, F completed the registration of ownership transfer with respect to the portion of exclusive ownership of the apartment in this case, and H, after F’s death, completed the registration of ownership transfer with respect to the said portion of exclusive ownership on the grounds of inheritance by consultation and division on December 28, 2005.

E. On August 28, 2018, Plaintiff (Appointed Party; hereinafter “Plaintiff”) and Appointed C purchased the instant apartment from H, and completed the registration of ownership transfer with respect to each of the instant apartment sections for exclusive use on September 28, 2018.

2. Determination

A. Unless special circumstances exist, such as where a sectional owner’s right to use a site is otherwise stipulated by regulations or notarial deeds, a sectional owner’s right to use a site in an aggregate building is recognized as indivisiblely indivisible with a section for exclusive use and subordinate thereto (Article 20(1) and (2) of the Act on Ownership and Management of Condominium 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, has not completed the registration of ownership transfer concerning the portion of land and public land corresponding to the right to use the site (hereinafter “shares in a site”) of the section for exclusive use, he/she acquires ownership as to the share in the site (see, e.g., Supreme Court Decision 2012Da10