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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court's explanation on this case is that the plaintiff's name is not sufficient to recognize the plaintiff's assertion that the plaintiff can claim for exclusion of disturbance and claim for return of unjust enrichment or claim for damages against the defendant as a management body of A apartment, although the plaintiff's name is "the council of occupants' representatives," and the statement in Gap evidence No. 15 and No. 16 are excluded. The court's ruling of the first instance is the same as the statement in the reasoning for the judgment of the first instance except for the second instance court's ruling No. 6, No. 15 and No. 7, No. 21, the second instance court's ruling No. 21, and the second instance court's ruling is the same as the statement in
2. As to the part (B) used in the instant case
1) In the aggregate building, where a third party illegally occupies the site or attached facilities of the building that belongs to the common area or the common area or the common area of sectional owners, the legal relationship between the exclusion of disturbance and the return of unjust enrichment or the claim for damages against the third party is not based on the co-ownership right such as common area, etc. and thus, the sectional owner is entitled, in the first place, to the co-ownership right. Furthermore, when the sectional ownership relation is established with respect to the aggregate building, the management body is organized as an organization with the aim of implementing matters concerning the management of the building and its site and attached facilities as a whole of the sectional owners. If the manager is appointed in the resolution of the management body meeting, the manager may act on behalf of the management body in relation to the business execution (see, e.g., Supreme Court Decision 2003Da17774, Jun. 24, 2003). However, pursuant to Article 43(3) of the Housing Act and Article 50 of the Enforcement Decree of the Housing Act, the Plaintiff is the occupant or the owner of A apartment.