1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Judgment on the main defense of this case

A. The Defendant’s assertion is unlawful because the Plaintiff is not a manager of the E-building, a commercial collective building located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant commercial building”). As long as the management body of the instant commercial building exists, the Plaintiff, which is a manager or an entrusted management company, filed the instant lawsuit on the ground that it constitutes a voluntary litigation trust.

B. As a matter of principle, it is not permissible to delegate the relevant lawsuit to a third party in a lawsuit on property rights in relation to the relevant legal doctrine, which is a subject matter of lawsuit, to allow the subject of right to manage and dispose of the rights or legal relations.

However, the principle of attorney-at-law representation under Article 87 of the Civil Procedure Act or the prohibition of the trust in a lawsuit under Article 6 of the Trust Act is not a law to avoid the prohibition of the trust in a lawsuit, but it can be allowed in exceptional cases where reasonable grounds to recognize it

(see, e.g., Supreme Court Decisions 83Meu1815, Feb. 14, 1984; 2010Da87474, May 10, 2012). In a case where a management body of an aggregate building comprehensively delegates the management business, including the imposition and collection of management expenses, to an entrusted management company, the authority to claim for a trial on management expenses can be deemed to have been granted.

In such cases, filing a judicial claim concerning management expenses in his/her own name to collect delinquent management expenses in the course of managing the entrusted management company shall be deemed a voluntary litigation trust.

However, it is reasonable that a management body composed of sectional owners delegate the management of buildings to a specialized controlled entity in order to jointly bear expenses for the management of an aggregate building and to efficiently manage common areas.