logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.09.24 2015나15556
관리비
Text

1. Of the judgment of the first instance court, KRW 851,850 against the Plaintiff and its related thereto from April 3, 2015 to September 24, 2015.

Reasons

1. The facts of recognition are: (a) an organization constituted by the Plaintiff for the management, etc. of Pyeongtaek-si apartment; and (b) the Defendant purchased the said C Apartment No. 101 and 2009 (hereinafter “instant apartment”) with a compulsory auction and completed the registration of ownership transfer on July 18, 2013, the fact that the Plaintiff completed the registration of ownership transfer on July 18, 2013 does not conflict between the parties; or (c)

2. The former tenant of the instant apartment from February 2, 2013 to August 2013, 2013, the management fee of the instant apartment was unpaid in KRW 1,074,20, and the remainder of the management fee for common areas, which is the remainder after deducting KRW 115,40, and KRW 149,220 from the household electricity fee of the instant apartment, is KRW 809,580 (=1,074,200 - 115,400 - 149,220). The Defendant, as a special successor of the instant apartment, is obligated to pay the unpaid management fee for common areas.

In addition, the defendant did not pay 159,770 won out of the management expenses from September 2, 2013 to February 2015.

Therefore, the Defendant is liable to pay the Plaintiff unpaid management expenses (=809,580 won) and damages for delay (159,770 won).

3. Article 18 of the Act on the Ownership and Management of Aggregate Buildings provides that "the claims held by the co-owner against another co-owner with respect to a common area may be exercised against the special successor." This is because the common area of an aggregate building is provided for the benefit of all the co-owners, and is jointly maintained and managed, and the claims between the co-owners with respect to the expenses incurred in order to properly maintain and manage it are necessary to guarantee them in particular, so that the claims between the co-owners against the special successor of the co-owner may be claimed against the special successor regardless of his/her intention to succeed (see Supreme Court en banc Decision 2001Da8677, Sept. 20, 201). Meanwhile, since the ownership by auction is acquired by succession, the buyer who acquired the sectional ownership by auction shall own and acquire the aggregate building.

arrow