1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion is that the defendant occupies and uses 42 square meters of 254-20 square meters of 159 square meters in Nam-gu, Nam-gu, Nam-gu, Seoul Metropolitan City, which is a State property, without permission. Thus, the plaintiff is obligated to pay unjust enrichment equivalent to rent due to the occupancy and use of the above real estate and damages for delay.

2. We examine whether the defendant, ex officio as a non-corporate body, has the ability to be a party as a non-corporate body, and based on the rules by which organization establishes a decision-making body and a representative who is an executive body with its own purpose, and the decision-making body or execution method is carried out by the principle of majority, and regardless of the change due to the joining, withdrawal, etc. of members, the organization itself remains in existence and has the substance as a non-corporate body in case where the method of representative, operation of the general assembly or board of directors, etc., composition of capital, management of property, and other important matters are determined by the organization (see, e.g., Supreme Court Decision 9Da4504, Apr. 23, 199). However, there is no evidence to deem that the defendant has the substance as a non-corporate body.

Therefore, the instant lawsuit is unlawful as it is against the Defendant, who has no capacity to sue.

3. Thus, the lawsuit of this case is dismissed as it is inappropriate, and the judgment of the court of first instance is unfair as it has different conclusions, and it is so revoked, and it is so decided as per Disposition with the decision to dismiss the lawsuit of this case.