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(영문) 서울중앙지방법원 2017.05.31 2016가단5148794

관리비

Text

1. The Defendants jointly share KRW 25,237,880 with respect to the Plaintiff and the period from July 1, 2015 to May 31, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff, as the managing entity of the Gangnam-gu Seoul Building A (hereinafter “instant building”), is responsible for the imposition and collection of management expenses, etc. for the users and occupants of the instant building.

B. From among the instant buildings on August 4, 2014, the Defendants: (a) purchased each of the instant real estate at the share of 1/4 shares in the auction procedure for real estate rental on the real estate of heading 401 through 413 (the consolidation of heading 402 through 409, Jun. 11, 2015, and 401; and (b) became 402 as a result of the combination of heading 401, 410 through 413; hereinafter “each of the instant real estate”), and completed the registration of ownership transfer at the aforementioned share ratio on the same day.

C. From February 2, 2012 to August 2012, F, which was the owner of each of the instant real estate, the amount of the management expenses for common areas among the management expenses initially imposed by F, F, the total of KRW 25,237,880 (general management expenses KRW 14,082,240, electricity charges of KRW 4,149,180, the joint electricity charges of KRW 332,460, the joint electricity charges of KRW 332,460, the joint water supply charges of KRW 1,052,410, the heating and cooling charges for common areas of KRW 5,621,590, and the instant management expenses

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 14 through 23 (including numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. 1) The Act on Ownership and Management of Condominium Buildings as to the existence of a special successor’s obligation to bear management expenses (hereinafter “Aggregate Buildings Act”)

Article 18 provides that "The co-owner may exercise his claim against another co-owner with respect to the common area against the special successor." This is because the common area of an aggregate building is extended to the benefit of all the co-owners, and shall be jointly maintained and managed, and the claim between the co-owners on the expenses incurred in order to promote the appropriate maintenance and management thereof shall be guaranteed in particular, and it is necessary to guarantee the special successor of the co-owner.