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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. At around 1995, the second floor of the instant D shop lost independence in structural structure and use because there was no boundary marking between the stores by removing the walls or partitioning facilities while performing repair works after fire.
B. The first and second shops of this case are combined with the number of 209, 210, 211, 212, 213, 214, 215, 248, 249, 250, 251, 252, and 253 of the second floor. On the other hand, with respect to the registration of transfer of the Plaintiff’s B’s ownership on January 209, 251, 252, and 274, the registration of transfer of the Plaintiff’s ownership on July 21, 2014, the Plaintiff’s ownership transfer was registered under the Plaintiff’s name on July 21, 2018, 219, 220, 220, 225, 251, 236, 2263, 262, 276, and 274, respectively.
C. On May 13, 2016, the Defendant reported the business of the instant stores with the trade name “E” and currently occupies and uses the instant 1 and 2 stores.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 6, 11, 13 (including virtual numbers), the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiffs' assertion that the defendant occupies and uses the instant 1 and 2 stores without legitimate source of right. The plaintiffs are co-owned shares of each of the instant 1 and 2 stores and seek delivery based on the co-owner's act of preserving them.
B. There was no prior agreement between the co-owner and the co-owner on the method of management of the jointly owned property.
A majority of co-owners are entitled to independently decide matters concerning the management of the co-owned property. A majority of co-owners is the method of management of the co-owned property and can exclusively use and benefit from one part of the co-owned property. However, the shares are owned by them, but the minority right holders suffering from damages due to the failure to use and benefit from the specific part are equivalent to the rent corresponding to the shares.