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(영문) 울산지방법원 2016.09.29 2016나1854

관리비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On July 3, 2014, the Defendant acquired the sectional ownership on the underground title of A Apartment Building, an aggregate building located in Ulsan-gu, Ulsan-gu, (hereinafter “instant commercial building”).

The defendant's share in the commercial underground of this case is 39.02%.

B. Of the management expenses of the instant commercial building, the Defendant’s unpaid amount from August 2014 to November 2015 is KRW 1,950,617, among the amounts imposed according to the size of the sectional owner’s exclusive ownership with respect to the maintenance expenses for commercial buildings and fire safety expenses among the management expenses of the instant commercial building.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 4 through 9 (including the number with each number), the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The plaintiff's assertion is the management body of the commercial building of this case, and the defendant is the sectional owner of the underground floor of this case.

Therefore, pursuant to the management rules or the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), the Defendant is obligated to pay the Plaintiff total of KRW 1,950,617 for unpaid management expenses from August 2014, and damages for delay thereof.

B. 1) First, we examine whether the Plaintiff is legally organized management body under the Act on the Ownership and Management of Aggregate Buildings and whether the Defendant has the authority to collect management expenses. According to the Act on the Ownership and Management of Aggregate Buildings, if the relationship of sectional ownership is established with respect to a building, the sectional owner is required to form a management body for the purpose of the management of the building and its site and its accessory facilities as all the sectional owners (Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings, and if there is a building that constitutes sectional ownership, not by any organization, but by all the sectional owners, if there is a building that constitutes sectional ownership, the management body is naturally established as all the sectional owners. Therefore, if the sale of an aggregate building was commenced and it