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(영문) 부산지방법원 2018.08.31 2017나63351

관리비

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. The court's explanation on this part of the basic facts is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil

2. Determination on this safety defense

A. The Management Rules of the Officetel of this case provide that the company, the management entity of the defendant's assertion, has the authority to request a judgment of small amount if the company collects management expenses and fails to pay the fees. However, the plaintiff is not the management entity of the council of occupants' representatives, and thus, cannot claim service fees

In order for the plaintiff to file a lawsuit claiming management expenses, it shall undergo the resolution of the general meeting of members of the council of occupants' representatives. The plaintiff filed the lawsuit in this case without following such procedures, which is unlawful

B. Determination 1) The council of occupants' representatives organized pursuant to Article 14 of the Multi-Family Housing Management Act to determine important matters concerning the management of multi-family housing by occupants, etc. under Article 2 (1) 7 of the same Act shall have an organization as an organization and have a decision-making institution and a representative, and in reality, the management of multi-family housing, such as the direction and supervision of autonomous management organizations, is practically carried out. Thus, barring any special circumstance, an unincorporated association shall have the legal capacity to have judicial rights (see, e.g., Supreme Court Decision 91Da4478, Apr. 23, 191). Meanwhile, according to the Multi-Family Housing Management Act and its Enforcement Decree, occupants, etc. of multi-family housing subject to compulsory management shall pay the management expenses necessary for the maintenance and management of the multi-family housing to the management entity (Article 23 (1) of the Act), the collection of management expenses and user fees, and the collection, accumulation, and management of long-term repair appropriations.