1. The plaintiff (Appointed)'s request for main lawsuit and the request of an independent party intervenor shall be dismissed, respectively;

2...

1. Basic facts

A. The Plaintiff and the Plaintiff Appointers (hereinafter referred to as “Plaintiffs et al.”) shall have completed the registration of ownership transfer with respect to each corresponding heading room (hereinafter referred to as “the instant heading room”) of the 2nd floor of the commercial building listed in the attached Table (hereinafter referred to as “instant building”) as indicated in the current status of the divided owners of the 2nd floor stores (Sus).

B. Around February 2005, the Intervenor entrusted the management and operation of the instant store to the Selection F, and around May 26, 2014, F set and leased the said store to G and H with a lease deposit of KRW 60 million and a period of KRW 24 months. H subleted the said store to I on June 23, 2017, and I sublet the said store to the Defendant on July 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 6 evidence, Eul evidence 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff et al. was the sectional owners of each of the instant stores, and the Intervenor removed without permission the sectional ownership indication of each of the instant stores, and the object of sectional ownership becomes extinct on the wind that combines each of the instant stores into a single space, and the Plaintiff et al. shared the instant store in proportion to the area corresponding to each of the exclusive sections for exclusive use.

On the other hand, the council of occupants' representatives entrusted with the management by the plaintiff et al. leased the instant store to K, and thereafter I acquired the right of lease from K and occupied and used the instant store, and sublet it to the defendant without permission.

Accordingly, the Plaintiff et al. seek the transfer of the store in this case against the Defendant, who was an unauthorized occupant as part of the act of preserving the jointly-owned property.

B. The Intervenor’s burial of this case is F. The Intervenor’s representative delegated the management authority by the Intervenor with legitimate lease authority.