A. The Plaintiffs are co-owners of the instant building site, which is part of the co-owners of the instant building site, which is the 3,042㎡ of Daegu Jung-gu (hereinafter “instant building site”).

B. In around 1977, the Defendant: (a) operated the store of this case in the name of Nonparty I, the owner of the 104th floor (hereinafter “the store of this case”); (b) operated the store of this case by leasing the store of this case from Nonparty I, the owner of the 1st floor (hereinafter “the store of this case”); and (c) installed the land of this case as “land of this case where approximately 3 square meters of the part inside the ship connected in order to each point of 1,2,3,4, and 1 in the attached drawings attached to the store of this case among the site of this case, is not more than 3 square meters of the attached drawings of this case.” (hereinafter “ground of this case”) and used the land of this case as the selling place of this case. [In the absence of dispute, evidence Nos. 1 through 5, 1, 2, and 1, and 2, each of the entry and video, the result of on-site verification, the purport of the entire pleadings, as a whole.

2. Determination on this safety defense

A. The Defendant’s defense of this case is merely a lessee of the instant store and does not have any right to dispose of it. Thus, the Defendant has no standing to be a party.

In addition, the plaintiff C, D, and A merely own a part of the shares of each store, and there is no decision-making right as to the divided ownership of each store, and therefore there is no standing as the plaintiff.

B. In a lawsuit for the performance of judgment, the plaintiff's standing to be a party is nominal by the plaintiff's own claim, and such judgment is absorptiond into the judgment on the propriety of the claim, and thus, the plaintiff is a legitimate plaintiff and the person who is asserted as the performance obligor by the plaintiff is the defendant

(see, e.g., Supreme Court Decision 94Da14797, Jun. 14, 1994). Therefore, the Defendant’s principal defense is without merit.

3. Judgment on the merits

A. Co-owners of one land in determining the cause of the claim are acts of preserving co-owned land against the person who occupies co-owned land without title.