건물명도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the judgment of this court for the acceptance of the judgment of the first instance is the same as that of the judgment of the first instance except for the addition of the following '2. Additional Judgment' as to the assertion emphasized by the defendant in this court, and thus, it is acceptable to accept it as it is in accordance with the main sentence
2. The defendant further determination is that the owner of the land of this case is a land trust in Korea, and the plaintiff is not a party standing.
In a lawsuit for performance, the standing to be a party exists on a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists or not, shall be proved through the deliberation of the merits (see, e.g., Supreme Court Decision 2003Da44387, Oct. 7, 2005). The defendant's above assertion is merely an argument about the existence of the right to demand performance, which is subject to the deliberation of the merits, and in this case, the plaintiff's claim itself is standing to be a party, and the judgment is added to the judgment of the propriety of the claim. Therefore, the plaintiff's right to demand delivery of
The defendant's main defense is without merit.
3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed, and it is so decided as per Disposition.