구상금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are either of the parties to a dispute or of the following facts in full view of Gap evidence No. 2, Gap evidence No. 3, and the purport of the whole pleadings.
Since 2007, the Plaintiff received management expenses of KRW 4,000 per month from the management body consisting of sectional owners of Jongno-gu Seoul, Seoul and 2 lots ground D (hereinafter “instant building”) and entrusted the instant building with the management expenses of KRW 4,000 (Additional Tax separately), which was terminated on July 31, 2015. < Amended by Presidential Decree No. 2690, Jul. 31, 2015>
B. In the auction procedure on August 4, 2015, the Defendants purchased 1/2 of the shares of the Subdivision No. 102 (hereinafter “instant store”) among the instant buildings and acquired ownership.
2. The assertion and judgment
A. The Plaintiff asserted that the Defendants are the special successor to the instant store, and that the Defendants are obligated to pay the total amount of KRW 59,846,240,00 for the common area out of the unpaid management fees for the instant store. Accordingly, the Defendants asserted that the Defendants cannot claim management fees against the Defendants since the management consignment agreement was terminated with the Din Braille Representative Meeting on July 31, 2015.
B. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), the main body to whom the management expenses claim against the sectional owners belongs is a management body comprised of all sectional owners, and the sectional owners are responsible for the payment of management expenses to the management body under the Aggregate Buildings Act or to the management manager or the person entrusted with management by such management body.
Therefore, the manager of an aggregate building or the person entrusted with the management of an aggregate building can exercise the right to collect the management expenses on behalf of the management body, on behalf of the management body, the management body can exercise the management expenses claims against the sectional owners, etc. other than the judgment.
Furthermore, a custodian or a trustee based on the management rules and the relevant laws or regulations has been entrusted with management.