1. The defendant acquired the part of exclusive ownership with respect to the share 5972.96/177/6,00 of the 6,177 square meters in the AI 6,177 square meters in Chungcheongnam-gun, Chungcheongnam-gun.

1. Facts of recognition;

A. The Plaintiffs are co-owners of the AJ apartment on the AJ apartment on the ground of 177 square meters in the SJ apartment in the Chungcheongnam-gun, Seocheon-gun, Seocheon-gun (hereinafter “instant apartment”), and the Defendant is the one who owns 6,177/17 of the 6,177 square meters in the SJ apartment in the Chungcheongnam-gun, Seocheon-gun, Seocheon-gun (hereinafter “instant apartment”).

B. The Defendant newly built 144 households of the instant apartment, and completed the registration of preservation of ownership only with respect to the pre-owned portion of the said apartment, and the voluntary auction of the said apartment was commenced with respect to the section for exclusive use of the said apartment in the Daejeon District Court Hongsung Branch AK under the condition that the site right of the said apartment was not registered. The Plaintiffs acquired the said section for exclusive use by auction or by selling it in sequence at the said auction procedure

[Recognition] Facts without dispute, each entry in Gap evidence 1 to 3 (including provisional number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. In a case where a constructor of an aggregate building purchased a site, but failed to obtain the registration of ownership transfer due to the delay in cadastral adjustment, etc., and completed the registration of ownership transfer with respect to only the section for exclusive use, but the auction procedure concerning the section for exclusive use was conducted without the registration of ownership transfer, and a third party was awarded a successful bid, the successful bidder shall obtain the right to use the site possessed by the constructor together with the section

In this case, the successful bidder who has acquired the right to use the site can file a request for the registration of transfer of the ownership of a site based on Article 57-3(1) of the Registration of Real Estate Act against the constructor of the aggregate building who has received

(See Supreme Court Decision 2007Da45777 Decided November 1, 2008). B.

Judgment

(1) In light of the above legal principles, according to the above facts, the plaintiffs acquired the ownership of the apartment of this case with respect to the section for exclusive use in the above auction procedure, and are entitled to use the site together with the section for exclusive use.