1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff’s assertion asserts that it is an entrusted management company of the C Commercial Building, an aggregate building located in Ansan-si Group B (hereinafter “instant building”), and sought payment of KRW 60 million for delinquent management expenses against the Defendant, who is the sectional owner of the first floor, Nos. 26, 49, 2, 5 and 6, and 134 of the instant building.

2. 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 shall 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.

In addition, with respect to multi-family housing of not less than a certain size which is a kind of multi-family building, the management of the multi-family housing is delegated to the housing management operator, and the housing management operator is recognized by the law.

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.

(see, e.g., Supreme Court Decision 2014Da87885, 87892, Dec. 15, 2016). As seen earlier, a managing body of aggregate buildings is a managing body of aggregate buildings.