관리비
The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
1. The court of first instance dismissed all the plaintiff's primary and conjunctive claims.
In this regard, the plaintiff appealed only for the preliminary claim and filed an appeal (However, part of the damages for delay has been reduced). Thus, the subject of this court's trial is limited to the preliminary claim.
2. The reasoning for this part of the judgment of the court is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance. Thus, this part of the facts are cited in accordance with the main sentence of Article 420 of
3. The gist of the Plaintiff’s assertion is that the Defendant is obligated to pay to the Plaintiff the sum totaling KRW 66,476,932, and delay damages therefrom, out of the public use management fees actually paid from November 2015 to July 2018, in proportion to the size of each household unit owned by the Defendant.
4. Determination
A. The reasoning for this part of the judgment on the prior defense of the merits is as stated in Paragraph 2 of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. Determination on the merits 1) A special successor to a sectional owner of an aggregate building of relevant legal principles naturally succeeds to the common area, regardless of whether the former owner's intention to succeed to the delinquent management expenses (see, e.g., Supreme Court Decision 2004Da3598, 3604, Jun. 29, 2006). Whether the management expenses imposed are management expenses for the common area should be determined according to the nature of each item of management expenses and the specific details of the use thereof. However, in light of the legislative intent of Article 18 of the Aggregate Buildings Act, management expenses for the common area mentioned in this context should be maintained and managed uniformly for the benefit of the entire occupants as well as the expenses paid for the direct maintenance and management thereof, and even in the expenses disbursed for the maintenance and management of the aggregate building including the exclusive ownership.