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(영문) 의정부지방법원 2017.12.07 2017나3070
관리비
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

Plaintiff’s assertion

The plaintiff is an enterprise that is entrusted with building management by the management body of the building C (hereinafter referred to as the "C building") in Yangyang-si.

On April 8, 2014, the Defendant purchased the C Building 307 and 308 in a voluntary auction procedure, and yet, the previous owner of C Building 307 and 308 did not pay the Plaintiff KRW 2,437,168 for the management expenses for the section for common use in which the unpaid owner did not pay the Plaintiff.

Therefore, the defendant is liable to pay to the plaintiff the above 2,437,168 won of the unpaid management expenses and damages for delay.

Judgment

The main body to whom the management expenses claim belongs to the sectional owners under the Act on the Ownership and Management of Aggregate Buildings is a management body comprised of all sectional owners, and the sectional owners bears the responsibility to pay the management expenses to the management body under the Aggregate Buildings Act or to the manager or the person entrusted with management.

Therefore, the manager of an aggregate building or the person entrusted with the management of an aggregate building can exercise the right to collect the management expenses on behalf of the management body, on behalf of the management body, the management body can exercise the management expenses claims against the sectional owners, etc. other than the judgment.

Furthermore, the authority of a manager or a person entrusted with the management based on the management rules and relevant statutes is naturally premised on the status of a manager or a person entrusted with the management, and the management company, etc., which has performed the management affairs, may not acquire a direct right against a sectional owner, etc., unless there are special circumstances, such as acquisition of a claim against the management body after the termination of the management services contract with the management body, unless there is room for a claim against the management body for the service payment, etc., and this also applies to the delinquent management expenses for the period

In this case, pleading No. 2 is made in the statement of evidence No. 2.

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