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(영문) 의정부지방법원고양지원 2020.07.15 2019가단98296
관리비
Text

The defendant's KRW 52,192,110 to the plaintiff and 5% per annum from October 17, 2019 to July 15, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) composed of all sectional owners of the A Condominium Building (hereinafter “the instant condominium”) at the time of strike.

B. On October 18, 2018, the Defendant received the third floor C and D (hereinafter “instant real estate”) among the instant condominium buildings from a successful bid in a voluntary auction procedure and completed the registration of ownership transfer.

C. As to the instant real estate, KRW 46,742,60 of the management expenses for common areas from July 2016 to August 2019, which was the time when the Defendant applied for the instant payment order from the time of the Defendant’s acquisition of ownership, and KRW 3,532,810 of the management expenses for exclusive areas from October 2018 to August 2019, which was the time when the Defendant acquired ownership, and KRW 1,916,70 of the arrears.

The detailed details are as shown in the attached Form.

Article 73 (Management Expenses) (2) A sectional owner shall pay management expenses incurred in the maintenance and management of an aggregate building to a management body.

(4) Where a sectional owner fails to pay management expenses, reserves for repair and usage fees (hereinafter referred to as "management expenses, etc."), a person who succeeds to the status of the sectional owner shall bear them.

Provided, That it shall be limited to management expenses for common areas.

Article 77 (Collection of Management Expenses, etc.) (4) If a sectional owner, etc. fails to pay management expenses by the payment deadline, the management body may claim damages (including litigation costs, collection expenses, etc.) due to late payment fees and arrears notified to the sectional owner, etc. under paragraph (1).

The part related to this case among the management rules of the aggregate building of this case is as follows.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5, and 7 (including virtual numbers), the purport of the whole pleadings

2. Determination

A. Article 18 of the Aggregate Buildings Act provides that the claim that the co-owner owns against another co-owner with respect to the section for common use shall be exercised against the special successor.

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