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. As to the judgment of the first instance court rendered on May 30, 2018, the Defendant filed an appeal for subsequent completion on July 4, 2018. In full view of the overall purport of the records and pleadings in the instant case, the first instance court proceeded with the litigation by means of service by public notice from the delivery of a copy of the complaint against the Defendant, and the Defendant appears to have known of the fact of service by public notice of the original judgment only after June 30, 2018. Thus, the instant subsequent appeal filed within two weeks thereafter is lawful.

2. Comprehensively taking account of the purport of the entire pleadings as to the reasons for the claim Gap's evidence Nos. 1, 2, 3, and 6, the plaintiffs are co-owners who own 1/2 shares in relation to the real estate listed in the separate sheet, and the defendant is found to possess part 15.49 square meters in the separate sheet among the above real estate's first floor (hereinafter "studio of this case"). Thus, barring special circumstances, the defendant is obligated to leave the above room at the request of the plaintiffs who are the owners of the above room of this case.

3. Judgment on the defendant's assertion

A. The defendant asserts to the purport that the co-defendant C of the first instance trial leased the room from the plaintiffs, and the defendant had a legitimate title to occupy the above room since he was permitted to use the above room from his father E.

According to the records in Gap evidence No. 4 (Lease Contract), the plaintiffs are found to have leased the studio of this case to the above C on March 6, 2017, with the lease deposit of KRW 2 million, KRW 240,000,000 per month, and the lease term from March 6, 2017 to March 5, 2018, but there is no evidence to deem that the above C has the right to sublease the studio of this case to the defendant (Article 3 of the above lease contract provides that the lessee cannot sublease the studio of this case without the consent of the lessor). The above argument by the defendant is not acceptable.

B. The defendant also raises an objection.