The judgment below is reversed, and the case is remanded to the Incheon District Court Panel Division.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

(a) Where a management body of an aggregate building comprehensively delegates management duties, including the imposition and collection of management expenses, to an entrusted management company, it may be deemed that the power to file a judicial claim concerning management expenses has been granted.

In such cases, filing a judicial claim concerning management expenses in his/her own name to collect delinquent management expenses in the course of managing the entrusted management company shall be deemed a voluntary litigation trust.

However, it is reasonable and reasonable to allow a management body composed of sectional owners to delegate building management to a specialized controlled entity in order to jointly bear expenses for the management of an aggregate building and to efficiently manage common areas, and such management method is a general transaction reality, and the collection of management expenses is an essential element that is naturally accompanied by the performance of duties.

Considering this point, the entrusted management company entrusted with the management of an aggregate building by the management body is eligible to file a lawsuit against the sectional owner, etc. in his/her own name, except in extenuating circumstances.

(Supreme Court Decision 2014Da87885, 87892 Decided December 15, 2016, etc.) B.

The judgment below

According to the reasons and records, the following facts and circumstances are revealed.

1) On November 2007, the Plaintiff filed a lawsuit against the Defendant who acquired the instant building E, etc. for the payment of KRW 90,730,764 for the management expenses for common areas in arrears against the previous owner. 2) The Plaintiff filed an application for the change of the cause of claim on November 14, 2016, “the Plaintiff” on November 1, 2016.