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(영문) 인천지방법원부천지원 2016.05.18 2015가단26551
관리비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion that the plaintiff had the facility management of the Macheon-si B building (hereinafter "the entire building of this case") from December 1, 2006 to July 2009. At that time, the plaintiff filed an order for the payment of management expenses claim with C Co., Ltd. (hereinafter "the non-party company") which was the owner of the above B Nos. 901 and 1001 (hereinafter "the above building of this case") with the Busan District Court Branch Branch Branch Order 2008Hu5637, and the above payment order became final and conclusive. Since the defendant acquired the ownership of the building of this case, the defendant, as a specific successor of the non-party company, is liable for the payment of management expenses against the plaintiff.

2. Determination:

A. Article 18 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act") provides that "the special successor shall be entitled to exercise against another co-owner in relation to the common area, and the special successor under the above Act shall be entitled to exercise against the special successor the obligation to bear the expenses incurred in the maintenance and management of the common area of the aggregate building in accordance with the management rules. In light of the legal principles of the assumption of the obligation that the legislative intent of the above Act and the assumption of the obligation shall be deemed as the assumption of the obligation in that the special successor succeed to the obligation to bear the expenses incurred in relation to the maintenance and management of the common area of the aggregate building pursuant to the management rules, and that the overlapping of the legislative intent of the above Act and the assumption of the obligation is an issue concerning the interpretation of the parties' intentions under the assumption of the obligation agreement, and if the former

(see Supreme Court Order 2009Da196 dated 14, 2010). (b)

On the other hand, the subject of the management fee claim for the sectional owners under the Aggregate Buildings Act is a management body composed of all sectional owners, and the sectional owners are the management body under the Aggregate Buildings Act.

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