1. Revocation of a judgment of the first instance;

2. Defendant D is Defendant E with 4.702/5 of 3908.702.

1. This part of the judgment of the court of first instance is the same as the corresponding part of “1. Basic Facts” in the judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The plaintiffs' assertion that 4.702/5 of 3908.5 square meters in Seocho-gu Seoul, Seocho-gu Seoul Metropolitan Government, and 1.925/15 of shares in G 1571.5 square meters in G 1571 (the following two parcels of land are "each piece of land", and each of the shares in each of the instant parcels of land is "each of the instant shares") are land used as the parking lots of the apartment and commercial buildings in this case.

Since it is a site for a building stipulated in the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings"), it is subject to the right to use site.

However, the Plaintiffs acquired ownership of each of the instant shares, which are the share of the site corresponding to the section for exclusive use, since they were sold in the auction procedure for real estate rent.

In addition, since the plaintiffs received sale of No. 2 of the second floor of the commercial building in the real estate auction procedure, they acquired ownership of each of the shares of this case corresponding to the accessory property.

Therefore, Defendant E, the former owner of the second floor in the commercial building of this case, is obligated to implement the procedure for the registration of ownership transfer for each of the shares in this case to the plaintiffs.

In addition, Defendant D who sold Nos. 2 to Defendant E the second floor in the instant commercial building is obligated to implement the procedure for the registration of ownership transfer of each of the instant shares to Defendant E.

B. According to Articles 2 and 4 of the Act on the Ownership and Management of Aggregate Buildings, a site for an aggregate building is a land (legal site) in which a single building to which a section for exclusive use belongs or a land managed or used as one of legal sites, etc., as stipulated by the regulations (site according to the regulations).

However, there is a problem.