A. On November 12, 1999, Pyeongtaek Ho Construction Co., Ltd. (hereinafter referred to as the “Yang Changdong”) obtained the approval of the project plan for the new construction of 10 or 746 households in Ulsan-gu 746 households (28 square 246 households, 32 square 500 households) from the head of Ulsan-gu, Ulsan-gu, the head of the Gu from the north-gu, Ulsan-gu, Seoul Metropolitan City, for the management of the above apartment as a rental business operator under the Rental Housing Act after completing the construction of the apartment in this case on March 27, 2002.

B. On December 26, 2006, Pyeongtaek Ho was treated as bankruptcy due to financial difficulties, and on April 25, 2008, was declared bankrupt by the Seoul Central District Court 2007Hahap68, and on the same day, the Defendant was appointed as the trustee in bankruptcy.

C. On April 20, 2013, after the expiration of the mandatory rental period, lessees of the instant apartment, obtained approval for the sale under the Rental Housing Act, and completed the registration of ownership transfer on June 5, 2013. The Plaintiff, which is the council of occupants’ representatives of the instant apartment, constituted the Plaintiff, which is the council of occupants’ representatives of the instant apartment, and reported this to the head of Ulsan Metropolitan City North Korea-gu, Ulsan Metropolitan City, and received notification from the head of the Si/Gun/Gu on July 16, 2013.

He transferred KRW 326,097,912, which was accumulated as a special repair reserve from March 27, 2003 to May 2006, 2006, to the Plaintiff from May 27, 2006, and from June 2006, he did not accumulate the special repair reserve.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 6 (including additional numbers), Eul evidence 1 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is an apartment house with a total of 746 households, and the Pyeongtaek Changto, which is a rental business operator of the instant apartment, is obligated to accumulate the reserve fund for special repair required to replace and repair main facilities pursuant to Articles 31(1) and 28(1) of the Rental Housing Act, and the Defendant, the trustee in bankruptcy, is also the trustee in bankruptcy.