The instant land was transferred to D through a voluntary auction on March 4, 201, and on September 9, 2015, the ownership was transferred to G through a voluntary auction, and on September 14, 2015, the ownership was transferred to the Plaintiffs on September 14, 2015 due to the sale on August 31, 2015.

The instant land is located between the land site of the C Apartment-gun H in Gangseo-gun (hereinafter referred to as the “instant apartment”) and the land of the instant apartment, which is located between the neighboring roads, Pyeongtaek-gun I. The access road of the instant land is being used as the access road of the instant apartment.

The defendant council of occupants' representatives is the council of occupants' representatives of the apartment.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply), and the result of this court’s request for surveying and appraisal of the Korea Land Information Corporation, the plaintiffs asserted in the purport of the entire pleadings that the defendant’s council of occupants’ representatives has a duty to pay unjust enrichment accordingly, since they occupy the land of this case without permission.

The defendant's representative council against the defendant's representative council shall seek unjust enrichment against the tenant of the apartment house who is not the defendant's representative council in possession of the resident of the apartment house of this case, which is not the defendant's representative council, and the plaintiffs shall not seek restitution of unjust enrichment against the defendant's representative council, since they acquired the land of this case for which exclusive use and profit rights have been waived on the access road of this case.