1. The plaintiff's claim is dismissed.

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

1. The defendant asserts to the effect that the lawsuit of this case is unlawful on the ground that the defendant did not have the rules, the name of the defendant is not correct, and the chairperson who is the representative C manages D without the chairperson even after the directors, etc.

Therefore, the following circumstances, which can be known to the Defendant by adding the overall purport of the pleadings to the video as shown in the Evidence Nos. 11 and 13, and the video as shown in the Evidence Nos. 1 (including paper numbers), are as follows. In other words, the Defendant is organized for the purpose of efficient management of the apartment complex by consisting of the occupants of Heung-gu B and A apartment in Cheongju-si, and the president, vice-president, general affairs, etc. are deemed to have been appointed. The Defendant uses the name “A apartment management committee” in the notice of the management expenses to be sent to A apartment occupants, and affixed the signboard “management room” to A apartment Nos. 1113 and 26.46 square meters as indicated in the attached Table (hereinafter “instant real estate”). In light of the above, the Defendant constitutes an unincorporated association as defined in Article 52 of the Civil Procedure Act, and thus is deemed to have the capacity to have a party.

Since the defendant's main defense is without merit.

2. Judgment on the merits

A. The Plaintiff’s assertion: (a) around 1989, the Plaintiff constructed and sold A apartment on the land level B and E of the Chungcheongnam-gu, Chungcheongnam-gu, Cheongju; and (b) obtained permission for the common areas of the above A apartment No. 109 to 113, including the instant real estate at the time of the construction permission, but agreed not to sell A apartment No. 109 to 113 as owned by the Plaintiff, between the seller and the seller at the time of

Therefore, the above A apartment, including the instant real estate, is owned by the Plaintiff, and the Defendant occupied and used the instant real estate. Therefore, the Defendant is deemed to do so.