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(영문) 서울서부지방법원 2015.04.09 2014나31831
공용관리비 대납금 청구의 소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, the cause of the instant claim, while taking charge of the management affairs of Seodaemun-gu Seoul Metropolitan Government, E and 6 lots of land from May 1, 2008 to March 30, 2012, the Plaintiff paid 25,120,048 won for common area management expenses from June 1, 2010 to December 201, 201 under Article 18 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), since the Plaintiff, who acquired ownership, succeeded to the obligation to pay the management expenses for common area for the said aggregate building from the previous owner of the common area, pursuant to Article 18 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”).

2. Article 18 of the Aggregate Buildings Act provides that "The co-owner may exercise his claim against another co-owner with respect to the common area against the special successor." This is a special provision that allows the special successor of the co-owner to claim against the special successor of the co-owner regardless of whether the co-owner's intention to succeed is or not, since the common area of the aggregate building is provided for the benefit of the whole co-owner, and the common area of the aggregate building is jointly maintained and managed and the co-owner's claim against the expenses incurred in order to properly maintain and manage it.

In this case, the plaintiff is not a co-owner of an aggregate building C or a person in a position equivalent to the co-owner, such as the management body of an aggregate building, but a claim for reimbursement following the substitute payment of management expenses for common areas, which the plaintiff seeks, is separate from the existing management expenses claim, and thus, the

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