집합건물의 전유부분만을 경매로 취득한 자로부터 그 전유부분을 양수한 자가 해당 대지공유지분권을 무상으로 취득할 수 있는지 여부

A right to use a site is the essence of term ‘right to use site’. And land ownership,land lease etc. correspond the forms of the term ‘right to use site’. In applying Article 20(1) ofAct on the ownership and management of aggregate buildings, we should interpret the term ‘right to use site’ as follows. [In case that registration of a ‘right to a site’ has been filed, ‘right to use site as form’ itself shall be in accordance with the disposition for section for exclusive use, regardless of whatever ‘right to use site as form’ is. But in case that registration of ‘a right to a site’ has not been filed, Only the right of use site among various rights of ‘right to use site as form’ shall be in accordance with the disposition for section for exclusive use.]The owner of section for exclusive use who has acquired ‘right to use site as essence’ can ask the owner of right in respect of the site to yield the right in respect of the site on the basis of the effect of ‘right to use site as essene’. This right of appeal has the character of claim similar to the right of appel for registration of ownership transfer based on acquiring ownership of immovables by possession. For example, the person who owns the site can claim for the moneyequivalent market price of land ownership under the limitations of the right of using.