The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. The purport of Article 473 subparag. 4 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”) that provides for “a claim arising from an act performed by a trustee in bankruptcy with respect to a bankruptcy estate” as an estate claim is to ensure the fair and smooth bankruptcy proceeding by protecting interested parties by allowing the trustee in bankruptcy to frequently repay the other party’s claim arising from performing his/her duties based on the right to manage and dispose of the bankruptcy estate.

(see Supreme Court en banc Decision 2013Da64908, Nov. 20, 2014). However, the special repair reserve that a rental business operator is obligated to accumulate pursuant to the Rental Housing Act has the nature of expenses incurred in the timely replacement and repair of major facilities. As such, the rental business operator, regardless of whether the rental business operator actually accumulated the special repair reserve, should transfer the amount calculated according to the standards prescribed by the Rental Housing Act and subordinate statutes to the council of occupants’ representatives, which is first established pursuant to Article 43 of the Housing Act after

(see, e.g., Supreme Court Decisions 2013Da216150, Sept. 4, 2014; 2012Da1573, Mar. 28, 2013). Moreover, all property owned by a debtor at the time that the debtor is declared bankrupt belongs to the bankruptcy trustee, and the right to manage and dispose of the bankruptcy estate belongs to the bankruptcy trustee.

(2) In light of the above legal principles, if a rental business operator is declared bankrupt by a rental business operator responsible for the accumulation and transfer of special repair reserve funds, and the rental business operator manages a rental house that belongs to the bankrupt estate after the bankruptcy is declared, and the rental business operator becomes to convert the rental house into parcelling-out by the method of realization of the bankrupt estate, barring any special circumstance, the rental business operator’s trustee in bankruptcy shall be the council of occupants’ representatives organized under the Housing Act after the conversion into parcelling-out.