B. Whether it is possible to correct the indication of the party as the "Korea Senior Citizens Association of the Incorporated Association" at the second subcommittee of Seongdong-dong branch of Seongdong-gu branch (affirmative)

B. The indication of the defendant was indicated as the second subcommittee in Seongdong-gu branch of Seongdong-gu branch of the Korean Senior Citizens Association, but an application for correction was filed as the "Korea Senior Citizens Association of the Incorporated Association", since the person who has no capacity to be the party was mistakenly indicated as the defendant and was corrected as the corporation with capacity to be the party, the correction of the indication of the party is allowed.

Litigation costs shall be borne by the defendant.

The Korean Senior Citizens Association for the defendant (hereinafter the defendant corporation) indicated the defendant as the second installment of the Seongdong-gu Branch of the Korean Senior Citizens Association at the time of filing the lawsuit, but the Korean Senior Citizens Association for the defendant was corrected as the "Korean Senior Citizens Association for the second installment of the Incorporated Association" while the "Korean Senior Citizens Association for the second installment of the Incorporated Association" was an organization management organization of the second installment of the Korean Senior Citizens Association, which is completely separate from the parties under the Civil Procedure Act, and thus the above correction of the indication is not permitted as it goes beyond the identity of the parties, so it is argued that the above correction of the indication is not permitted. Therefore, the above evidence 2-1 of the evidence No. 2-1, Eul evidence No. 2-1, Eul evidence No. 2 (Regulations), Eul evidence No. 3 (Registration Certificate), Eul evidence No. 4, and the purport of testimony of the Korean Senior Citizens Association for the Korean Senior Citizens Association for the second installment of the Korean Senior Citizens Association for the purpose of establishing the Korean Senior Citizens Association's Association's association's organization and its organization for correction of the Korean Senior Citizens Association.

Second, the defendant corporation asserts that the above defendant corporation owned the building without title on the land owned by the plaintiffs and sought the removal of the building and the transfer of the land. Since the above land is not owned by the plaintiffs but owned by the plaintiffs and the non-party 4, the above land is owned by 10 persons including the plaintiffs and the non-party 4, and the lawsuit of this case filed by only a part of the co-owners who asserted ownership of the whole land without classification is unlawful. In this case, even if the land belongs to the co-ownership of 10 persons including the non-party 4, the co-owners of the land can file such claim as the act of preserving the co-owned land, and it cannot be filed by all the co-owners

Sixth, the defendant corporation filed a lawsuit with the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean branch of the Korean Senior Citizens Association of the Korean Senior Citizens Association of the Korean

2. Judgment on the merits

The facts that the plaintiffs and the lawsuit were completed with respect to 67 square meters of 297 square meters in Seongdong-gu Seoul, Seongdong-gu (hereinafter the site in this case) are in dispute between the parties, the site in this case shall be presumed to be co-ownership of the plaintiffs and the above non-party. The ground in this case shall be presumed to be co-ownership of Gap evidence Nos. 2-1, 2-2, Eul evidence Nos. 1, 2-2, 2- Eul evidence Nos. 3, 4, witness 4, and testimony of Nos. 6-2, 5-2, 5-2, 6-2, 5-2, 5-2, 5-2, 6-2, 6-2, 3-2, 5-2, 6-3, 5-2, 5-2, 6-2, 3-4, 5-6, 5-2, 6-3, 197.

Therefore, as long as the defendant corporation did not assert or prove the legitimate title of possession, the defendant corporation is obligated to remove the parts of the building constructed on the site of this case among the above buildings and order the plaintiff to order the site of this case.

The defendant corporation purchased the above land from 196 years old and used it for non-party 1's own intention. Since the defendant corporation acquired it from 1976 and continued to own it, it is merely obligated to execute the procedure for the transfer of ownership of the land of this case to the defendant corporation according to the intention of ownership. Thus, the defendant corporation's assertion that the non-party 2 purchased the land of this case for non-party 1's old and old 6's old 6's old 1's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 6's old 9's old 6's old 6's old 9's old 1's old 6's old 6's old 1's old 9'.

3. Accordingly, the defendant corporation, as co-owner of the site of this case, is obligated to remove the above 34.8 square meters of the above-mentioned part of the building of this case constructed on the site of this case and deliver the site of this case. Thus, the plaintiffs' claim of this case is justified, and the costs of this case are assessed against the defendant corporation as the losing party, and provisional execution is not attached. It is so decided as per Disposition because it is not attached.

Judges Kang Yong-sung