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(영문) 서울남부지방법원 2016.12.21 2016가단206257
관리비
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 21,553,229 as well as the full payment from December 3, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the resident representative committee comprised of the sectional owners of the Geumcheon-gu Seoul Metropolitan Government 1 additional digital1, 145, and Ethal 3 Ethroid (hereinafter “instant building”) and is the managing body of the said building.

B. On March 10, 2014, the Defendant completed the registration of ownership transfer for 1103 units of the instant building (hereinafter “instant store”) based on a compulsory auction.

C. Meanwhile, the management fee for the unpaid section for common use from September 201 to March 2014, 201, which is the sum of 21,553,229 won as shown in the attached Form.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Determination on the main claim

A. (1) Determination as to the cause of the claim (1) As a common area of an aggregate building is extended to the interests of all co-owners, it is necessary to jointly maintain and manage the common area of an aggregate building as well as to guarantee inter-owners' claims on the expenses required to maintain and manage

Accordingly, Article 18 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Act on the Ownership and Management of Aggregate Buildings") provides that "the co-owner may exercise his claim against another co-owner with respect to the common area against the special successor," and provides special provisions allowing the special successor of the co-owner to claim against the special successor for the common area regardless of whether he wishes to succeed.

Therefore, a special successor to an aggregate building shall succeed to the part concerning the section for common use among delinquent management expenses of the former occupant.

(See Supreme Court en banc Decision 2001Da8677 Decided September 20, 2001, Supreme Court Decision 2005Da65821 Decided February 22, 2007, etc.). In addition, the buyer who acquired the sectional ownership by auction shall be a special successor as prescribed in Article 18 of the Aggregate Buildings Act (see, e.g., Supreme Court Decision 2007Da6727, Dec. 27, 2007). (2)

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