1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. As to the plaintiff's lawsuit for the return of unjust enrichment on the ground that the defendant occupies the plaintiff's apartment site without permission, the defendant's main defense against the plaintiff's lawsuit for the return of unjust enrichment on the ground that the plaintiff's claim for the return of unjust enrichment on the ground that it is not the plaintiff's owner

However, in a lawsuit for performance, the standing to be a party lies in a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists is to be proved through the deliberation of the merits (Supreme Court Decision 2003Da44387, 44394 Decided October 7, 2005). The defendant's defense is without merit.

2. The plaintiff is a representative body that operates and manages all the matters within the apartment complex, and exercises a judicial right based on the site ownership of sectional owners.

However, in the aggregate building, where a third party illegally occupies the site or accessory facilities of the building that belongs to the section for common use or the common use or the common use or the common use or the common use or the common use or the common use or the right of common use or the right to claim compensation for damages against the third party, the legal relation is not a legal relation which belongs to the sectional owner collectively, and such legal relation is based on the common use or the common use or the right to claim compensation for damages. Therefore, the first sectional owner is entitled to file a lawsuit. Furthermore, if the sectional ownership relation is established with respect to the aggregate building, a management body organization organized by the sectional owner as an organization aimed at carrying out matters concerning the management of the building and its site and its accessory facilities as a whole of the sectional owners, and if the

On the other hand, the council of occupants' representatives established pursuant to Article 43 of the Housing Act and Article 50 of the Enforcement Decree of the same Act shall be collective housing.