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(영문) 대전지방법원 2017.06.09 2016나113700
강제집행에 관한 소송
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. From August 2008 to November 201, the Plaintiff asserted that the Plaintiff had a duty to return the total amount of KRW 1,260,000 for the long-term repair appropriations from July 2, 2008 to November 2015 for the above housing while residing the 310 rental houses in Dong-gu Daejeon-gu, Daejeon, Daejeon. As management fees for common areas, the owner of the long-term repair appropriations is obligated to pay the long-term repair appropriations as management fees for common areas, and the special successor of the house in common areas succeeds to the management fees for common areas. Thus, the Defendant, who purchased the instant housing at the auction procedure, is obligated to return the total amount of KRW

2. According to the Plaintiff’s assertion of determination, the Defendant succeeds to the duty of return of the above long-term repair appropriations incurred by the Plaintiff’s former owner when paying the long-term repair appropriations instead of the former owner. However, the Defendant cannot be deemed to have naturally succeeded to the obligation of the former owner, including the lessee, on the ground that the former owner succeeded to the ownership of the instant house

The Supreme Court precedents cited by the Plaintiff are merely purporting that even if the former owner of an apartment house is in arrears with the management expenses to be paid to the council of occupants' representatives, the special successor shall succeed to the management expenses for the section for common use, and not the special successor shall succeed to the obligations owed to the lessee who is not the council of occupants' representatives. Therefore, it is inappropriate to invoke the case in this case, and even if the former owner's obligations owed to the former lessee are incurred by the latter owner's liability for the management expenses for the section for common use

3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance with the same conclusion is legitimate, and the plaintiff's appeal shall be dismissed.

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