1. The defendant shall list the attached real estate on November 23, 2005 with respect to the share of 33.1/894.4 shares among the share of 894m2 in Jeju-si, Jeju-si, B, 894m2.

1. Basic facts

A. On September 5, 1995, the Defendant sold an apartment in attached Form C (hereinafter “instant apartment”) to C, completed the registration of ownership transfer only with respect to the section of exclusive ownership on October 25, 1995, and did not complete the registration of ownership transfer with respect to the site ownership.

B. D was awarded the instant apartment in a voluntary auction procedure on August 20, 1998.

C. On November 23, 2005, the Plaintiff purchased the instant apartment from D and acquired its ownership. The Plaintiff received the registration of ownership transfer only with respect to the instant apartment section for exclusive use.

Land which is the object of the site ownership of the apartment of this case is B 894m2 (hereinafter referred to as “instant land”) at Jeju-si, and the site ownership is the share of 33.1/894.4 of the site ownership.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, the purport of whole pleadings.

2. Determination

A. The seller of an aggregate building has completed the registration of transfer of ownership or the registration of change of a site ownership with respect to the share of a site to the buyer of a building at the end of the year after the cadastral adjustment was made, and the registration of ownership transfer was completed only with respect to the portion of exclusive ownership. However, in a case where the auction procedure for the portion of exclusive ownership was conducted without the registration of transfer of ownership or change of a site ownership, and the third party has been awarded a successful bid, the successful bidder shall acquire the right to use the site under Article 2 subparagraph 6 of the Act on the Ownership and Management of Aggregate Buildings, and the same applies to the case where

Therefore, as the effect of acquiring the right to use the site, the successful bidder can seek against the seller and the buyer to complete the procedure for registering the transfer of ownership of shares of the site from the seller and the buyer through the buyer, or seek to complete the procedure for registering the change of the right to site against the seller.