Whether the provisions of the former Housing Act and the Enforcement Decree of the same Act concerning the establishment, etc. of a council of occupants' representatives apply to multi-family housing constructed by obtaining a building permit under Article 8 of the Building Act (negative)

Article 43 of the former Housing Act (amended by Act No. 6943 of July 25, 2003); Articles 46 and 50 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 18297 of Feb. 28, 2004); Article 23 of the Act on Ownership and Management of Condominium Buildings; Article 6 of the Addenda (amended by Act No. 7502 of May 26, 2005), Article 8 of the Building Act

All Puss Co., Ltd. (Law Firm Geosung, Attorneys Kim Chang-hee et al., Counsel for the defendant-appellant)

Korea Management Co., Ltd. (Law Firm Cr., Attorneys Kim Dong-dong et al., Counsel for the defendant-appellant)

Seoul High Court Order 2005Ra913 dated March 24, 2006

The reappeal is dismissed.

The grounds of reappeal are examined (to the extent of supplement in case of supplemental documents filed after the expiration of the period for reappeal).

Article 46 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 18297 of Feb. 28, 2004), Chapter 5 of the former Housing Act (amended by Act No. 6943 of Jul. 25, 2003; hereinafter referred to as the "former Housing Act") and Chapter 5 of the Enforcement Decree thereof shall apply to collective housing constructed after obtaining approval for a housing construction project plan under Article 16 of the former Housing Act. The provisions of Articles 59 through 62 of the former Enforcement Decree of the Housing Act on defect repair of buildings apply to collective housing constructed for sale after obtaining a building permit under Article 8 of the Building Act. On the other hand, Article 23 of the Act on the Ownership and Management of Aggregate Buildings provides that sectional owners shall be composed of a management body for the implementation of the business related to the management of buildings and their appurtenant facilities, and Article 6 of the Addenda of the said Act provides that the provisions on the method of management of collective housing and the standards for defect repair under Article 6 of the Housing Act shall be effective unless it conflict with the Act.

In full view of the above provisions, the provisions of the former Housing Act and the Enforcement Decree thereof concerning the establishment, etc. of a council of occupants' representatives apply only to multi-family housing with the approval of a housing construction project plan pursuant to Article 16 of the former Housing Act, so the above provisions do not apply to multi-family housing constructed with a building permit pursuant to Article 8 of the Building Act, and only the provisions on the management body of the Act on the Ownership and Management

The court below maintained the first instance decision to the same purport is just, and there is no error in the misapprehension of legal principles as to the old Housing Act and its Enforcement Decree, the Act on the Ownership and Management of Aggregate Buildings, or any violation of the rules of evidence, and thus, the reappeal is dismissed. It is so decided as per Disposition by the assent of

Justices Kim Young-ran (Presiding Justice)