A. The Korea National Housing Corporation (the Korea Land Corporation was merged with the Korea Land Corporation on October 1, 2009 and became the defendant; hereinafter referred to as the "Defendant") is a project proprietor who newly constructed and sold seven apartment complexes of 270-3, Gyeongcheon-si and 491 households (hereinafter referred to as the "the apartment of this case") on the ground of 270-3, 270-3.

The plaintiff is an autonomous management organization that consists of the representatives of the above seven occupants of each Dong for the management of the apartment of this case.

B. On April 3, 1996, the Defendant obtained approval for the housing construction project plan pursuant to Article 33 of the former Housing Construction Promotion Act (Law No. 5138, Dec. 30, 1995; hereinafter “former Housing Construction Promotion Act”) with respect to the construction of apartment units (public unit 114 households, public rental house 377 households) in the Dong-gu 270-3 residential activity. Around June 1999, the Defendant obtained approval for the alteration of the housing construction project plan for the construction of part of the above apartment units (public unit 43 households, public rental house 448 households).

In 199, the defendant completed the apartment building of this case on the ground of 270-3, that was, around August 28, 1999, and had undergone a pre-use inspection, and has managed the apartment building of this case as a rental business operator under the Rental Housing Act.

C. From November 1, 2004, the Defendant converted the part of the instant apartment to the lessee, etc. for sale in lots, and on June 30, 2006, transferred the management of the instant apartment to the Plaintiff.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 2, 4 through 6, purport of whole pleadings]

2. Relevant statutes [only the former Rental Housing Act (Law No. 5228, Dec. 30, 1996; hereinafter “former Rental Housing Act”)]

Article 17-2 (Accumulation, etc. of Special Repair Appropriation Funds) (1) A rental business operator of rental housing under the provisions of Article 17 (1) shall accumulate special repair appropriation funds required for the replacement and repair of main facilities.

(2) A rental business operator shall provide constructed rental housing after the obligatory rental period expires.