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(영문) 대전지방법원 2014.12.23 2014가단10943
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 33,042,151 and interest rate of KRW 20% per annum from March 21, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a management body established by each sectional owner of a “A” commercial building (hereinafter “instant building”) composed of 6 Dongs with the size of 4 underground floors and 6-8 floors above the ground, Seo-gu, Daejeon, which is an aggregate building. The Defendant purchased No. 401 (hereinafter “instant commercial building”) from among the instant building at the auction procedure for real estate auction and completed the registration of ownership transfer in the future of the Defendant on February 24, 2014.

B. Article 66(5) of the Management Rules of the instant building provides that “If the sectional owner fails to pay the management fees and usage fees, the successor to the status of the sectional owner shall bear them: Provided, That it is limited to the management fees for the section for common use.”

C. On February 26, 2014, the Plaintiff sent a content-certified mail demanding the Defendant to pay 33,042,151 won in arrears management expenses, and the content-certified mail reached the Defendant around that time.

[Ground of recognition] Gap 1, 4, 5 evidence, Gap 6-1, the purport of the whole pleadings

2. Determination on this safety defense

A. With respect to the lawsuit of this case for which the plaintiff, the former owner of the commercial building of this case, sought payment of the management expenses for common areas among the management expenses in arrears by E, the defendant is not the manager of the plaintiff (representative) who is not the manager of the "Act on Ownership and Management of Condominium Buildings" (hereinafter "Act on Ownership and Management of Condominium Buildings") or the manager who was lawfully held at the management body meeting held pursuant to the plaintiff's management rules, and thus, the lawsuit of this case is illegal to have been brought by

B. Article 23(1) of the Aggregate Buildings Act provides that “If the relationship of sectional ownership is established for the building, all sectional owners shall be the members of the building and the management body shall be established for the purpose of implementing the business concerning the management of the building site and its accessory facilities.” This management body shall be whatever.

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