(영문) 대전지방법원 2020.11.11 2019가단122025



1. The Plaintiff:

A. Defendants B and C shall jointly and severally pay 24,644,160 won and the interest rate thereon from July 9, 2020 to the date of full payment.


1. Determination as to claims against Defendant B and C

(a) Indication of claim: Claim for management expenses in arrears for the part corresponding to the defendant B and C in the current status table of the household in arrears of management expenses;

(b) Defendant B: A judgment based on service by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act): Defendant C: In accordance with Article 208(3)2 of the Civil Procedure Act,

2. Determination as to the claim against Defendant D and E

A. The Plaintiff is the managing body of the Seo-gu, Seo-gu, Daejeon (hereinafter “instant building”), which is an aggregate building, and the Defendant D seeks payment of the delinquent management fees for each of the corresponding parts as stated in the attached Form No. 10 of the Management Fee Table (Evidence No. 10 of the attached Table) on May 1, 2017 in the voluntary auction procedure (the fact that the Defendant is a person, not yet completing the registration of ownership transfer), Defendant E is a person who has acquired the ownership after being awarded a successful bid on June 5, 2017 in the voluntary auction procedure (Evidence No. 3-1 and 2 of the attached Table No. 3), and the Plaintiff seeks payment from the Defendants, a sectional owner, for the delinquent management fees for each of the corresponding parts as stated in the attached Form No. 10.

B. Determination 1) First of all, Defendant E uses the underground floor No. H that it won as the Plaintiff’s office, and the Defendant did not have the obligation to pay management expenses for H H, but there is no evidence to acknowledge that the Plaintiff uses the said H as its office. Therefore, the above assertion is without merit. 2) The Defendants acquired the ownership after winning a contract for each sectional ownership building (as a successful bidder, ownership shall be acquired in full regardless of whether the successful bidder is registered).

(2) The delinquent management expenses for common areas shall be succeeded to even among the delinquent management expenses of the owner before the successful bid is awarded (the ownership and management of an aggregate building).