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1. Revocation of a judgment of the first instance;
2. The plaintiff (appointed)'s claim is dismissed.
3. The total cost of the lawsuit.
Reasons
1. The Plaintiff’s assertion and the designated parties are the sectional owners of D, the main complex building located in Seo-gu, Busan (hereinafter “instant building”) or the persons related to the sectional owners. The Defendant is the sectional owners of the instant building Nos. 201, 301, 302, 303, and 304.
Although the Defendant was obligated to pay management expenses pursuant to the building management rules of this case, it did not pay the total management expenses of KRW 8,561,429 from November 2008 to January 201, 2014, and thus, the Defendant is obligated to pay them to the Plaintiff and the Selection.
2. Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings provides that “If the relationship of sectional ownership is established for the building, all sectional owners shall be the members of the building and the management body established for the purpose of the management of the building, site and attached facilities.”
Such a managing body is an organization established not only through any organizational act but also through a building on which sectional ownership is established. If a building consisting of sectional owners and it conforms to the purport of Article 23(1) of the Act, the managing body can play its role as a managing body regardless of its existence form or name.
(See Supreme Court Decision 2012Da4985 Decided March 28, 2013, etc.). Meanwhile, Article 17 of the Act on the Ownership and Management of Aggregate Buildings (see, e.g., Supreme Court Decision 2012Da4985, Mar. 28, 2013) provides, “Each co-owner shall bear the management costs of the section for common use and other obligations, and gain profits accruing from the section for common use according to the ratio of his/her share,” “The management body shall exercise or perform the rights and obligations of the sectional owners necessary for the common interest in the management and use of the building with due care as a good manager.” Article 24(1) provides, if the sectional owners are