Supreme Court Decision 2018Da273981 Decided January 14, 2021 【Maintenance Fees】

【Main Issues and Holdings】
[1] The severity of defects subject to a lawsuit for the cancellation of a resolution
stipulated in Article 42-2 of the Act on Ownership and Management of Condominium
Buildings and whether a resolution revocable due to the reasons for revocation
stipulated in the above provision is valid unless it is cancelled by a lawsuit for the
cancellation of a resolution filed within the exclusion period (affirmative)
In such a case, whether the judgment on whether the exclusion period has elapsed
corresponds to a matter to be investigated ex officio by the court (affirmative)

[2] In a case where the previous resolution is ratified or a resolution appointing a
representative is made over again at a meeting of the managing body held after a
resolution appointing a representative at a meeting of a managing body established
according to Article 23 of the Act on Ownership and Management of Condominium
Buildings, whether the reason that the meeting newly held by the managing body is
the managing body’s meeting convened by an unentitled person can be deemed as a
separate ground for invalidation (negative in principle)