분담금
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff shall be against the defendant corresponding to the revoked part.
1. Basic facts
A. On or around June 7, 2010, the Plaintiff purchased and owned ten partitioned buildings among the 10 Officetel B (hereinafter “instant building”). On September 16, 2013, the Plaintiff was entrusted to the International Trust Co., Ltd. on or around September 16, 2013. The Defendant purchased the building 201 in a voluntary auction procedure and acquired the ownership on April 29, 2013.
B. From June 11, 201 to July 1, 2011, the Plaintiff performed construction works replacing the transformers of the instant building from around July 1, 201, and disbursed KRW 24,892,340 as construction cost.
(hereinafter referred to as “construction cost of this case”). [Grounds for recognition] The fact that there is no dispute, each entry of Gap 1 and 2 evidence (including serial numbers; hereinafter the same shall apply), and the purport of the whole pleadings.
2. Determination on the cause of the claim
A. Since the Plaintiff’s assertion that the construction cost of this case was fully borne by the Plaintiff and repaired the transformers, etc. corresponding to the section for common use of the building of this case, the Defendant, who became the successor, shall bear the expenses according to the ratio of the area of the section for exclusive use. The Defendant is obligated to pay the Plaintiff the amount stated in the claim as to the portion for exclusive use of the building of this case, among the construction cost of this case, is unjust enrichment of the money corresponding to the section for exclusive use of this case
B. The fact that the Plaintiff paid the instant repair cost and the fact that the Plaintiff owned ten houses of the instant building at the time is as seen earlier.
However, the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the " Aggregate Buildings Act"), each co-owner bears the management costs and other obligations of the common area according to the ratio of his/her share, unless otherwise specified by the regulations, and the administrator claims and receives the shared amount and expenses for the preservation, management and change of the common area, and for the execution of the affairs of the management body, from each sectional owner.