1. The Defendant shall list the Plaintiff on August 31, 2018 with respect to the portion 64.99/2239/5 of the 22392, out of the 22392m25m2.

1. On October 17, 1997, the defendant completed the registration of preservation of ownership with respect to the section for exclusive use of a building (E; hereinafter referred to as the "section for exclusive use of this case") listed in the attached list on October 17, 1997, and completed the registration of transfer of ownership with F on October 31, 1997.

On January 5, 1999, the Defendant completed the registration of the transfer of ownership with respect to D large scale 22392.5 square meters (hereinafter “the instant land”) and transferred the ownership share of the instant land to each sectionally divided group of buildings listed in the attached list, but did not transfer F the ownership share of the instant land to each sectionally divided group of buildings listed in the attached list.

64.99/2239 of the share of a site in the same size as that of the instant section for exclusive use.

G on January 15, 2001, on the instant section for exclusive use, the G completed the registration of the transfer of ownership due to the sale by voluntary auction.

The Plaintiff purchased the instant section for exclusive use from G on August 21, 2018, and completed the registration of ownership transfer on August 31, 2018.

[Ground of recognition] Unsatisfy, Gap 1 through 7 (including each number for which there are several numbers), the purport of the whole pleadings

2. Determination

A. The registration of transfer of ownership of an aggregate building on the site due to the delay of land adjustment, etc. was completed by a seller of an aggregate building at the end of the year following the cadastral adjustment, and the registration of transfer of ownership is completed with respect to a portion of exclusive ownership. After which the registration of transfer of ownership of a site was not made, in a case where an auction procedure on a portion of exclusive ownership was conducted without the registration of transfer of ownership of the site and a third party was awarded a successful bid of a portion of exclusive ownership, the successful bidder shall obtain a right to use the site (see Supreme Court Decision 2004Da25338, Apr. 14, 2005, etc.).

Therefore, on August 31, 2018, the Defendant acquired the instant section for exclusive use on the part of the Plaintiff regarding 64.9/2239, which is a share in the instant land of the instant section for exclusive use.