In cases where the trustee in bankruptcy manages a rental house that comes to belong to the bankrupt estate after the bankruptcy of the rental business operator is declared bankrupt and the lessee, etc. has converted the rental house to the sale method of the bankrupt estate, whether the trustee in bankruptcy transfers the special repair reserve calculated according to the standards prescribed by the Rental Housing Act and subordinate statutes, regardless of whether the special repair reserve has been actually accumulated before or after the declaration of bankruptcy (affirmative in principle)

If, due to the declaration of bankruptcy of a rental business operator liable for the accumulation and transfer of special repair reserve, the rental business operator manages rental housing belonging to the bankrupt estate after the bankruptcy of the rental business operator is declared bankrupt, and the rental business operator has converted the rental housing into sale by the method of realization of the bankrupt estate, barring any special circumstance, the trustee in bankruptcy of the rental business operator shall be responsible for the transfer of special repair reserve calculated in accordance with the standards prescribed by the Rental Housing Act and subordinate statutes as part of the business concerning the management and exchange of the bankrupt estate, regardless of whether the special repair reserve has

Therefore, the right to claim for the payment of the special repair reserve of the council of occupants' representatives is an estate claim, which is derived from the performance of the business related to the management and exchange price of rental apartments, which are the bankruptcy estate, and falls under the "right arising from the act performed by the trustee in bankruptcy with respect to the bankruptcy estate" as stipulated in Article 473 subparagraph

Articles 382(1), 384, and 473 subparag. 4 of the Debtor Rehabilitation and Bankruptcy Act; Article 31 of the Rental Housing Act

The council of occupants' representatives (Attorney Kim Chang-chul, Counsel for the plaintiff-appellant)

Defendant in bankruptcy, who is a bankrupt corporation

Busan High Court Decision 2013Na8878 decided April 10, 2014

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Article 473 Subparag. 4 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides for “Claims arising from the act performed by a trustee in bankruptcy with respect to a bankruptcy estate” as estate claims, the purport of which is to ensure that the trustee in bankruptcy frequently performs his/her duties on the basis of the right to manage and dispose of the bankruptcy estate so that the other party’s claims arising from the act performed by the trustee in bankruptcy may be repaid in accordance with the right to manage and dispose of the bankruptcy estate, thereby carrying out the bankruptcy proceedings fairly and smoothly (see Supreme Court en banc Decision 2013Da64908,

However, the special repair reserve fund that is obligated to be accumulated by a rental business operator of rental housing under the Rental Housing Act has the nature of expenses incurred in the timely replacement and repair of main facilities. The rental business operator, regardless of whether or not the special repair reserve fund has been actually accumulated, shall be transferred to the council of occupants' representatives first organized pursuant to Article 43 of the Housing Act after the conversion of sale in lots (see, e.g., Supreme Court Decisions 2012Da1573, Mar. 28, 2013; 2013Da216150, Sept. 4, 2014). Furthermore, the right of the trustee in bankruptcy to manage and dispose of the bankruptcy estate belongs to the bankruptcy estate and belongs to the trustee in bankruptcy (Articles 382(1) and 384 of the Debtor Rehabilitation Act). Therefore, if the trustee in bankruptcy of rental business operator after the declaration of bankruptcy of the rental business operator who is obligated to accumulate and transfer the rental housing that belongs to the bankruptcy estate after the conversion of the rental housing to the bankruptcy estate.

Thus, the right to claim for the payment of the appropriation for special appropriation of the council of occupants' representatives is arising from the performance of business related to the management and exchange price of rental apartments, which are the bankruptcy estate that is the bankruptcy estate and falls under the "claim arising from the act performed by the trustee in bankruptcy with respect to the bankruptcy estate" as stipulated in Article 473 subparagraph 4

2. The reasoning of the judgment below and the evidence duly admitted by the court below revealed that, on October 20, 200, Pyeongtaek Ho Construction Co., Ltd., a rental business operator under the Rental Housing Act (hereinafter referred to as "Yyeong Chang Ho Construction"), obtained approval of the project plan for the new construction of the apartment of this case, which is a rental business operator under the Rental Housing Act, and undergone a pre-use inspection of the apartment of this case on May 28, 2003. Since that time, the apartment of this case was managed by the apartment of this case, without accumulating the special repair reserve to be accumulated every month under the Rental Housing Act from January 1, 2006 without accumulating the special repair reserve to be accumulated every month from January 1, 2006, the Seoul Central District Court Decision 2007Hahap68 of April 25, 2008, and the defendant was appointed to be the trustee in bankruptcy of the housing of this case as the method of realization of the apartment of this case, the plaintiff received the remainder of the apartment of this case from the lessee of this case to 35.

In light of the above facts in light of the legal principles as seen earlier, the Defendant, the trustee in bankruptcy, who is the rental business operator of rental housing, is obligated to transfer the reserves for special repair calculated according to the criteria prescribed by the Rental Housing Act and subordinate statutes, regardless of whether the reserves for special repair and appropriation have been actually accumulated before and after the declaration of bankruptcy, to the Plaintiff, the first council of occupants' representatives, which is the council of occupants' representatives, after the conversion of the apartment of this case, which is the bankrupt estate. The Plaintiff’s right to claim the above reserves for special repair and appropriation is a claim arising from

3. Some inappropriate parts of the reasoning of the lower court, but the lower court’s conclusion that the Plaintiff’s claim for the payment of the special repair reserve constitutes estate claims is acceptable as it is in accordance with the aforementioned legal doctrine. Therefore, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal principles on the person liable for the accumulation and transfer of special repair reserve funds under the Rental Business Act, the legal status of the trustee in bankruptcy, the scope of estate claims

4. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Sang-ok (Presiding Justice)