The capacity of the council of occupants' representatives of apartments organized pursuant to Article 38 (7) of the Housing Construction Promotion Act and Article 10 (1) of the Decree on the Management of Apartment Houses.

In light of the provisions of Article 38 of the Housing Construction Promotion Act, Articles 3, 10, 11, and 16 through 18 of the Decree on the Management of Multi-Family Housing, a council of occupants' representatives composed of occupants of multi-family housing falling under Article 38 (4) of the same Act and each subparagraph of Article 7 of the same Decree pursuant to Article 38 (7) of the same Decree and Article 10 (1) of the same Decree shall have organization as an organization and have a decision-making institution and representative, and in reality, the council of occupants' representatives shall also carry out the management of multi-family housing, such as the direction and supervision of an autonomous management organization, and therefore, it shall be deemed that an association which is not

Article 31 of the Civil Act, Article 38 of the Housing Construction Promotion Act, Article 10 of the Decree on Management of Multi-Family Housing, Article 48 of the Civil Procedure Act

The representatives' representatives' representatives' representatives

Rolosopha

Seoul High Court Decision 90Na25784 delivered on December 20, 1990

The judgment of the court below is reversed.

The case is remanded to Seoul High Court.

The plaintiff's grounds of appeal are examined.

As to whether the plaintiff's council of occupants' representatives is a non-corporate body or non-corporate body with the capacity of a party, the non-corporate body refers to a combination of many people who independently conduct social activities with a decision-making body and an execution body for a specific purpose. It is necessary to have proper property necessary for the qualification of members, methods of decision-making and representation, property management and other organizations, and social activities. The plaintiff's council of occupants' representatives, which is an apartment house, is subject to the Housing Construction Promotion Act and the Decree on the Management of Apartment Houses (Presidential Decree No. 10484), shall be composed of representatives from each apartment building, elected by each apartment building (Article 10 (1) of the Decree) on behalf of the tenant, for the reason that the representative of the non-corporate body of the plaintiff's council of occupants' representatives, has an independent authority to dismiss the plaintiff's lawsuit (Article 10 (2) of the Decree on the Management of Apartment Houses), the council of occupants' representatives, which is a non-corporate body of occupants' representatives, has no authority to do so.

However, according to the provisions of Article 6 of the Addenda to the Multi-Unit Residential Building Act, the special provisions of the Housing Construction Promotion Act concerning methods of managing collective housing and standards shall be effective unless they violate the basic rights of sectional owners. The Housing Construction Promotion Act (hereinafter referred to as the “Act”) and the regulations concerning the management of collective housing for the purpose of prescribing matters necessary for the management of collective housing under the Act (hereinafter referred to as the “Decree”) shall be prescribed by the Presidential Decree No. 10484, Oct. 15, 1981; Article 10(1) of the Decree; Article 8 of the Act concerning the management of collective housing (the owner of the collective housing, housing management operator and housing project operator who manage the collective housing); Article 3 of the Act concerning the management of collective housing (Article 38(1)); Article 8 of the Act concerning the management of collective housing under the name of the council of occupants’ representatives; Article 10 of the Act concerning the management of collective housing; Article 38(1) of the Act concerning the management of collective housing; Article 10 of the Act concerning the number of occupants;

Thus, the council of occupants' representatives organized by the occupants of an apartment building falling under Article 38(4) of the Act and each subparagraph of Article 7 of the Decree pursuant to Article 38(7) of the Act and Article 10(1) of the Decree shall be the council of occupants' representatives, a decision-making institution and representative as an organization, and a decision-making institution and representative shall also be engaged in the management of an apartment building, such as the direction and supervision of an autonomous management organization, barring any special circumstances, it shall be deemed that an unincorporated

As pointed out by the court below, the above conclusion does not vary on the ground that the council of occupants' representatives does not have proper property necessary for the plaintiff's independent social activities.

In addition, the management rules of the Bolar apartment as stated by the court below are merely a kind of resident autonomous law stipulated in Article 9 of the Decree for the occupants to enact the management rules of the apartment, unless it is recognized that the occupants of the apartment house separately form any organization with the occupants as members of the apartment house as well as the establishment of the management rules of the apartment house, since the management rules of the apartment house were established, it cannot be concluded that the occupants of the apartment house continued to exist with the organization as members of the apartment house, even if the management rules of the apartment house contain the rights and duties of the occupants, matters concerning the composition and operation of the council of occupants' representatives, matters concerning the collection and operation of management expenses, management expenses, etc., matters concerning the organization and operation of the autonomous management organization, and measures against the persons who violated the management rules, etc.

Nevertheless, the court below denied the plaintiff's ability to sue because the council of occupants' representatives cannot be deemed to be an association which is not a juristic person with its own social substance. Thus, the court below did not err by misapprehending the legal principles on an association which is not a juristic person, and it is clear that such illegality affected the conclusion of the judgment. Thus, there is a reason to point this out.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-ho (Presiding Justice)