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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Determination as to the cause of the claim (1) The Defendant: (a) was a person who was awarded a successful bid in the auction procedure and completed the registration of ownership transfer on October 1, 2013, Ansan-gu A apartment 103 Dong 601 (hereinafter “instant apartment”); and (b) the Plaintiff is an autonomous management organization comprised of occupants for the management of the said A apartment; and (c) the former owner of the instant apartment fails to pay the management expenses for common areas of KRW 1,125,40 (the amount excluding the management expenses for exclusive areas such as electricity, television, water supply fees, etc. from the management expenses) in total from February 2, 2012 to December 201, 2012; and (c) the Defendant did not pay the management expenses and late payment fees from November 1, 2013 to February 2014 to KRW 556,040, total of KRW 493, total of KRW 200, KRW 1049 to KRW 36305,50
Article 18 of the Act on the Ownership and Management of Aggregate Buildings provides that the claims held by a co-owner against another co-owner with respect to a common area shall be exercised against the special successor. This is because the common area of an aggregate building is provided for in the interests of the whole co-owners, and it shall be jointly maintained and managed, and the claims between the co-owners with respect to the expenses incurred in order to promote the appropriate maintenance and management thereof shall be guaranteed in particular, so that the claims against the special successor of the former co-owner may be claimed against the special successor regardless of his/her intention to succeed. Thus, the part concerning the management fee for the common area in the management agreement that allows the special successor of the former co-owner to succeed to the delinquent management fee of the former co-owner is valid (see, e.g., Supreme Court Decision 2004Da3598, Jun. 29, 2006).