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(영문) 대법원 2019.04.03 2018다274151
관리비
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

1. The management body under the Act on the Ownership and Management of Aggregate Buildings (the grounds of appeal Nos. 1 through 4 and No. 1 and 2 of Law Firm Haak-dong) on the collection authority of management expenses and the appropriateness of management expenses (the grounds of appeal No. 1 and 2 of Law Firm Haak-dong) may claim management expenses for common areas at least against the sectional owner, who is the person liable for such expenses, pursuant to Articles 17 and 25(1) of the Act on the Ownership and Management of Aggregate Buildings, even though there are no management rules

(See Supreme Court Decision 2009Da22266, 22273 Decided July 9, 2009). The management expenses for common areas include not only the expenses spent for the direct maintenance and management of the common areas of an aggregate building itself, but also the expenses spent for the overall maintenance and management of an aggregate building including a section for exclusive use but also the expenses spent for the entire maintenance and management of an aggregate building, so it is necessary to uniformly maintain and manage the aggregate building for the common interest of all occupants, and if the expenses not spent uniformly are not clearly divided into the expenses spent for the portion actually and specifically reverted to the individual interest of the occupants, it is reasonable to deem all of them to be included.

(See Supreme Court Decision 2004Da3598, 3604 delivered on June 29, 2006, etc.). Based on its stated reasoning, the lower court held that the Defendants are obligated to pay the Plaintiff management fees for common areas under Articles 17 and 25(1) of the Aggregate Buildings Act. The Plaintiff presented general management expenses, cleaning expenses, disinfection expenses, elevator maintenance expenses, intelligent home network facilities maintenance expenses, repair and maintenance expenses, long-term repair appropriations, value-added tax, and payment fees, etc. as management fees for common areas of the instant building.

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