A Study on the Subject to which Reserves for Long-term Repairs in Reconstruction

There are frequent disputes between the Composition of Council of Occupants' Representatives and the reconstruction association over who should be attributed to the Reserves for Long-term Repairs accumulated when rebuilding apartments. The Multi-Family Housing Management Act does not provide any regulations on the handling or attribution of the Reserves for Long-term Repairs during reconstruction. The precedent for this is divided into a ruling that the Reserves for Long-term Repairs during reconstruction is succeeded to the reconstruction association from the Composition of Council of Occupants' Representatives and a ruling that it is not succeeded to the reconstruction association. The initial precedent was in the position that it would not be succeeded, but since the 2015 High Court ruling, the position that it would be succeeded to the reconstruction association has dominated. If the Reserves for Long-term Repairs is succeeded to the reconstruction association, it is questionable whether the Reserves for Long-term Repairs can be distributed to the members, the Reserves for Long-term Repairs can be used for reconstruction, and furthermore, whether it can be distributed to those who have not agreed to reconstruction. To solve these problems, this article first analyzed and reviewed the Supreme Court and lower court rulings on the attribution of the Reserves for Long-term Repairs during reconstruction, and then examined whether the grounds of the judgment were valid and there were no problems, and then prepared a reasonable legal principle for rational dispute resolution.