1. The request for intervention by an independent party intervenor shall be rejected;

2. The defendant shall have the third floor of the real estate indicated in the attached list to the plaintiff.

1. The fact that the real estate indicated in the attached list of judgment on the main lawsuit is owned by the Plaintiff, and that the Defendant occupied the portion of the attached list 8, 6, 7, and 17.32 square meters in the ship (A) connected with each of the real estate listed in the attached list 395.10 square meters, among the real estate listed in the attached list 395.10 square meters in the attached list, can be acknowledged either in dispute between the parties or in full view of the purport of the entire pleadings. Thus, the Defendant is obliged

The defendant argues that since the defendant occupies the above section (A) according to the contract for the use of the office between the independent party intervenor and the defendant, the propriety of the claim should be ensured depending on the existence of the right to use and benefit of the independent party intervenor.

However, there is no evidence to prove that the intervenor of the independent party holds the right to use and benefit that can be asserted against the plaintiff with respect to the above (A) part.

The defendant's defense shall not be accepted.

2. The independent party intervenor against the application for intervention by the independent party will make an application for intervention by the independent party for the purpose of preventing harm to the plaintiff, and against the defendant, for the purpose of claiming the right.

In the case of an independent party participation, a third party who asserts that the whole or part of the purpose of the lawsuit is his/her own right shall participate in the lawsuit as a party, and shall settle the conflicting rights or legal relations between the three parties at one time without contradictions by a single judgment.

Therefore, an independent party intervenor must make a claim that is incompatible with the plaintiff's claim of the principal lawsuit against the party or one party of the lawsuit to which he/she intends to first participate, and the claim can be established by his/her assertion in addition to the benefit of the lawsuit.

(See Supreme Court Decision 99Da3531, 35348 delivered on September 28, 2001, and 2005Ma814 delivered on October 17, 2005, etc. Meanwhile, Article 79 of the Civil Procedure Act is applicable.