logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.03.25 2020나27807
관리비
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an organization consisting of the representatives of occupants of Jung-gu Seoul Metropolitan Government A apartment (hereinafter “instant apartment”).

B. On July 5, 2017, the Defendant completed the registration of the transfer of ownership with respect to the instant apartment C (hereinafter “C”)

(c)

Han Part D is a pre-owner who completed the registration of ownership transfer on September 30, 2010 with respect to heading C.

(d)

Since March 2019, the management expenses for Section C were in arrears for a long period, and around June 2019, the Plaintiff notified the Defendant of KRW 3,370,170, and KRW 1,172,290 of the management expenses for common areas from July 2, 2017 to June 2017, the Defendant occupied the Defendant (i.e., KRW 736,920, KRW 404,790, and KRW 30,580 of the management expenses for common areas) (i.e., KRW 4,542,460 (= KRW 3,370, KRW 170, KRW 172,290) less the remainder of KRW 398,520, and KRW 4,143,942,49,50, KRW 290).

E. On September 21, 2019, the Defendant paid KRW 1,172,290 to the Plaintiff for management expenses incurred from July 21, 2017 to November 2018.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 8, the purport of the whole pleadings

2. Determination

A. 1) Article 18 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on Aggregate Buildings”) provides that “The claims held by a co-owner against another co-owner with respect to common areas may also be exercised against the special successor.”

“......”

However, the right to collect management fees for common areas is granted on the basis of each co-owner's right to claim as above, and therefore, the management is naturally established by consisting of all divided owners of an aggregate building (Article 23 (1) of the Act on Condominium Buildings) or the representative meeting of occupants of an apartment building is recognized as equivalent to co-owners who can exercise claims under Article 18 of the Act on Condominium Buildings (Supreme Court Decision 2001Da8677 Decided September 20, 201).

arrow