The plaintiffs' appeal is dismissed.

The plaintiff's primary claim(s) added by this court is the claim(s).

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the case where the Plaintiffs, who are the co-owners of H Sang-Ga, were to receive a donation of 144.128 square meters of a site necessary to secure the site area as 1,000 square meters as a result of a change in the location from the site area of HH 85.872 square meters in accordance with the adjustment clause between the Defendant and the Defendant implementing the housing reconstruction improvement project of F apartment, including H Sang-si, and the Defendant, seeking the return of unjust enrichment and the payment of damages for delay by asserting that the Plaintiffs suffered damages equivalent to the amount as claimed in the Plaintiffs’ claim, without any legal cause, during the settlement process.

The judgment of the court of first instance rejected all of the plaintiffs' lawsuits on the ground that they are unlawful since the right to claim for return of unjust enrichment against the defendant belongs to the collective ownership of the members of the H superior Family Rebuilding Committee, which is a non-corporate group including the plaintiffs, and thus, the plaintiffs' lawsuit brought without the resolution of the general meeting of the members was brought by the non-party-qualified

(The plaintiff reduced the claim in this court, and added the claim of the settlement amount and the claim of unjust enrichment based on the creditor's subrogation right in subrogation of the Horaeng reconstruction committee in lieu of the claim of the principal claim, the claim of the settlement amount based on default and the conjunctive claim.

전제된 사실관계 【증거】 갑1의 1 내지 27, 갑2, 갑3의 1 내지 11, 갑4, 갑6의 1, 2, 갑7 내지 11, 을1, 을2, 3의 1, 2, 을5, 6, 을7의 1 내지 5, 을22, 을23의 1, 2, 을25, 을27의 1, 2, 증인 K와 변론 전체의 취지 (1) 당사자 ㈎ 피고는 2003. 6. 27. 서울 서초구 G 외 29필지를 사업구역으로 하는 주택재건축정비사업을 시행하기 위하여 설립된 정비사업조합으로서 2004. 12. 31. 도시 및...