1. The Defendant’s KRW 85,395,830 among the Plaintiff and KRW 84,239,310 among the Plaintiff, shall be KRW 1,156,520 from March 1, 2018.

The defendant's assertion as to the prior defense on the merits of the case is merely a management contractor that can claim remuneration from the management body of the building, which is a commercial building, located in Suwon-si C (hereinafter "the commercial building of this case") in Suwon-si, after completing administrative and accounting affairs concerning the imposition and execution of management expenses, and thus, collecting management expenses is not included in the plaintiff's business but can not be deemed to have been granted the right to file a lawsuit against the delinquent person. Thus, the plaintiff is not eligible to sue.

Judgment

In a lawsuit on property rights, it is not allowed in principle to delegate the relevant lawsuit to a third party, in principle, the subject of the right to manage and dispose of the rights or legal relations which are the subject of the lawsuit.

However, the principle of attorney-at-law representation under Article 87 of the Civil Procedure Act or the prohibition of the trust in a lawsuit under Article 6 of the Trust Act is not a law to avoid the prohibition of the trust in a lawsuit, but can be allowed in exceptional and limited cases where reasonable grounds to recognize it

(see, e.g., Supreme Court Decisions 83Meu1815, Feb. 14, 1984; 2010Da87474, May 10, 2012). In cases 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, such management body of an aggregate building, the authority to file a judicial claim concerning management expenses can be deemed to have 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, a management body composed of sectional owners shall bear expenses for the management of an aggregate building jointly and efficiently manage common areas in a specialized controlled entity.