1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B apartment council of occupants.

Basic Facts

A. The Plaintiff is the occupant of the Chungcheong-gun B Apartment-gun apartment (hereinafter “instant apartment”) under the Housing Act, and the Defendant B apartment council of occupants’ representatives (hereinafter “Defendant’ representative council”) is the council of occupants’ representatives of the instant apartment.

B. Since multi-family housing is a residential purpose, the common use area of multi-family housing shall be subject to the application of the common use fee. However, the Korea Electric Power Corporation allowed the application of the general use fee to the common use area in order to alleviate the progressive burden of housing, and accordingly, the Korea Electric Power Corporation does not divide the electric use fee system into the common use area and the section for exclusive use, and uniformly applied the high-tension unit price for housing and the high-tension unit price for the section for exclusive use. However, while the unit price for the common use area is applied to the section for exclusive use, the said contract method is classified into the “comprehensive contract method” in which the lower unit price is applied to the section

C. Generally, large-scale apartments with high electricity usage in common areas are favorable to a comprehensive contract method, and small-scale apartments with low electricity usage in common areas as in the instant apartment shall be evaluated as favorable to a single contract method.

However, if the electricity charge for each household is calculated by the comprehensive contract method due to the influence of the progressive electricity rate system, a large number of occupants in electricity consumption will bear more electricity rates than calculated by the single contract method.

On the other hand, Article 61 (2) of the Management Rules of the apartment of this case provides that "for the convenience of occupants, etc., the management entity shall comply with the usage fees under each subparagraph of Article 58 (3) of the Enforcement Decree of the Housing Act on behalf of the collection authority", and the above [Attachment 6] provides that the management authority collects the electricity fees from occupants, etc. and pays them to the Korea Electric Power Corporation.