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

Purport of claim and appeal

The first instance court.

2. The reasons why the court should explain this part of the relevant statutes are the same as the entry of “the part related to this case in the provisions of the Housing Act and the Enforcement Decree of the same Act” in the judgment of the court of first instance. Therefore, this part is cited by the main text of Article 420 of the

3. Determination on this safety defense

A. The lawsuit of this case brought by the Plaintiff, a non-corporate body of the Defendant’s main defense, without going through the resolution of the council of occupants’ representatives, in order to exercise the management expenses claim, which is quasi-corporate property.

B. In principle, in order for a non-corporate group to file a lawsuit on jointly owned property, it shall undergo a resolution of the general meeting. However, it is not reasonable to interpret that Article 77(2) of the Management Rules gives the head of the management office, which is the management entity, the authority to file a lawsuit on unpaid management expenses, based on the following circumstances, i.e., Article 43(4) of the Housing Act, Article 53 of the Enforcement Decree of the Housing Act, and Article 40 of the Management Rules, where the council of occupants' representatives manages the collective housing, the head of the management office, who is the management entity, is appointed by the council of occupants' representatives, may immediately file a lawsuit on unpaid management expenses, while the management entity may appoint the management entity and delegate it to the management authority and supervise it, may bring a lawsuit on unpaid management expenses only after the resolution of the council of occupants' representatives.