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(영문) 서울동부지방법원 2014.10.16 2014가단21749

관리비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company running the building management business, etc., and on October 11, 2002, C Co., Ltd. (hereinafter “E building”) on October 11, 2002

(3) On October 14, 2002, from October 14, 2002 to May 2013, 201, the management of the E building seems to have been carried out by the management body.

B. Around April 2013, the E-building management body was established, and the said management body was designated as a new controlled entity of the E-building, and accordingly, our management company takes charge of the management of the E-building on and after June 1, 2013.

C. On October 25, 2013, F, who was the owner of Nos. 501 and 601 in building, completed each registration of ownership transfer based on sale and purchase to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, 5 through 7, and the purport of the whole pleadings

2. The Plaintiff’s assertionF delayed the management expenses incurred between October 1, 2012 and June 2013 with respect to No. 501 and 601 of the E building. Of the management expenses, the remainder, other than the common electricity charges, the basic electricity charges, the power fund, and the common waterworks charges, was KRW 14,052,230, and the Defendant succeeded to the obligation to pay the management expenses of KRW 14,052,230 by acquiring the ownership of No. 501 and 601 of the E building on October 25, 2013. As such, the Defendant is obliged to pay the Plaintiff the said KRW 14,052,230 and the delay damages incurred therefrom.

3.The authority to claim the payment of management expenses in respect of an aggregate building is, in principle, a managing body or its representative, and controlled entities may claim the payment of expenses for rights against sectional owners in their own name only where management authority, including the authority to claim management expenses, is entrusted by the managing body or its manager.

However, as seen earlier, the E-building Management Body will be a new controlled entity.