1. Revocation of a judgment of the first instance;

2. The case is remanded to the Seoul Eastern District Court.

The purport of the claim and appeal is the purport of the appeal.

1. The reason why this Court uses this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on this safety defense

A. In this case, the Plaintiff’s summary of the Defendant’s assertion sought payment of delinquent management expenses of KRW 618,082,750 from December 2, 201 to May 2013, against the Defendant, who is the owner of 3,137 households of the instant apartment. The Defendant’s defense of safety is as follows.

1) The resolution of this case does not meet the requirements of the incumbent members under Article 50(1) of the Enforcement Decree of the Housing Act and Article 17(1) of the Management Rules of the Apartment. Thus, the plaintiff's lawsuit of this case is unlawful. 2) The plaintiff is de facto dismissed as a reconstruction project is being carried out, and there is no substance as the council of occupants' representatives, and some of the non-resident households transfer management fees due to their failure to implement their relocation obligations to the relocating household on the ground that they did not have such substance, which constitutes abuse of the right of lawsuit.

B. Determination 1) As regards the Defendant’s first argument, the council of occupants’ representatives constituted under the Housing Act shall be deemed an unincorporated association. Thus, the right of the council of occupants’ representatives to claim management fees against occupants, etc. shall be deemed property rights belonging to the quasi-general shares of the members of the council of occupants’ representatives. Therefore, in cases where the council of occupants’ representatives intends to manage and dispose of management fees for occupants, it shall follow the articles of association or other regulations of the council of occupants’ representatives or where such regulations are not provided, a resolution of the general meeting of members of the council of occupants’ representatives under Article 275 of the Civil Act (see Supreme Court Decision 2002Da7333, Jan. 26, 2007). Article 77(1) of the Management Rules