1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 7, 1992, the Plaintiff moved to D apartment 803 (hereinafter “instant apartment section for exclusive use”) located at the window C of Changwon-si, Changwon-si (hereinafter “instant apartment section for exclusive use”).

6.23.Completion the registration of ownership transfer by reason of sale.

B. On October 1, 2008, the Defendant completed the registration of ownership transfer with respect to the portion of 24.564/1,503.1/1, 1503 out of the window C & 1503m2 (hereinafter “instant site”). The Defendant shared the E-Land Partitioning Association (hereinafter “Land Cooperative”) and the instant site.

(21.43/150 of shares of land associations). (c)

On September 25, 2014, a land cooperative completed the registration of ownership transfer on the ground that the portion of exclusive ownership was acquired on January 27, 2005 with respect to co-ownership among the instant land among the instant land, and F completed the registration of site ownership on the said portion. Accordingly, F was above the Defendant among the instant land.

The registration of site ownership was completed with respect to the remaining shares except the co-ownership shares stated in the paragraph.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 6 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The right to use a site of an aggregate building is a right that a sectional owner has on the site of a building in order to own a section for exclusive use, and its establishment is not required to require special requirements other than the existence of an aggregate building and the right that a sectional owner is entitled to use the site for the ownership of the said section for exclusive use (see, e.g., Supreme Court Decision 2009Da26145, Jun. 23, 2009). If a sectional owner who has no right to use a site acquires a right to use a site ex post facto, the right to use the site is established (see, e.g., Supreme Court Decision 2011Da73090, Jan. 27, 2012). The right to use

On the other hand, Article 20 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Act") has the right to use a site by a sectional owner.