The plaintiff's appeal against each of the acts listed in the attached Table 1 (including indirect compulsory enforcement against the violation) is filed.

The Plaintiff is an autonomous deliberative body organized by occupants to manage a complex of 122 Dong and 5,539 units A apartment (hereinafter “the apartment site in this case”) constructed in Songpa-gu Seoul Metropolitan Government F (GG 209,117.9 square meters, H large 68,62.3 square meters, I large 210,46.6 square meters, and I large 210,46.6 square meters; hereinafter “the apartment site in this case”). The Plaintiff is seeking prohibition of the act stated in the claim and exclusion of interference with the movement of vehicles on the ground that the Defendant without permission by occupying the parking lot and road in the apartment site in this case to the Defendant, etc.

In the aggregate building, where a third party illegally occupies the site or attached facilities of the building that belongs to the section for common use or the common use or the common use of the sectional owner, the legal relation that the third party unlawfully occupies is not a legal relation that belongs to the sectional owner, but is based on the co-ownership of the section for common use, etc. and thus, such legal relation is not a legal relation that belongs to the sectional owner, and thus, the sectional owner or all co-ownership of the section for common use or the common use. Furthermore, the manager may act on behalf of the management body established automatically pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as

However, the council of occupants' representatives organized pursuant to the Housing Act and subordinate statutes has only management authority such as determining and implementing matters concerning the management of collective housing pursuant to the related provisions of the Housing Act, and barring any special circumstance, it cannot exercise the above rights to a sectional owner.

(see, e.g., Supreme Court Decisions 2015Da47310, Sept. 21, 2017; 2003Da17774, Jun. 24, 2003). According to the evidence No. 1 (the instant apartment management rules), the Plaintiff’s entry in the apartment house management rules is governed by the former Housing Act No. 13474, Aug. 11, 2015.