1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Jung-gu Seoul Jung-gu J building:

6. After the 25th war, the entire building (hereinafter “instant building”) was newly constructed in around 1958 and registered in the form of co-ownership share. Since the Plaintiff was composed of owners of the said land and the building, the Plaintiff is performing duties such as lease of the instant building, collection of rent, etc., and Article 4 of the Plaintiff’s articles of incorporation provides that “the owner of the building site and the building within Seoul is a member who owns the building site and the building and is bound to become a member,” and the spouse, lineal ascendant or descendant, or its current legal mandator is deemed a member.”

나. 피고는 2007. 12. 1. 이후 이 사건 건물 중 1층 120, 121, 122호(별지 도면 표시 ①②③④①의 각 점을 차례로 연결한 선내 ㈎ 부분 9.52㎡, 이하 ‘이 사건 계쟁 부분 점포’라 한다)를 점유하고 있다.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The defendant's claim against the defendant for delivery of the store and return of unjust enrichment in the dispute of this case as the manager of the building of this case against the defendant is unlawful to claim against the defendant against the plaintiff who is not the right to dispose of the dispute of this case. However, in the lawsuit for performance, the standing to be a party exists in the person who asserts the right to demand performance, which is a subject matter of lawsuit, and the issue of whether the right to demand performance exists or not, the defendant's defense is without merit.

3. Judgment on the merits

A. The plaintiff's assertion is an organization consisting of co-owners of the building of this case, and is responsible for all management and operation of the building of this case, including the overall management and surrender of the building of this case, and receives rents from lessees and distributes them to co-owners.