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(영문) 대전지방법원천안지원 2015.04.10 2014가합2757
양수금
Text

1. The Defendant’s KRW 56,487,290 as well as 6% per annum from December 20, 2014 to April 10, 2015, and the following.

Reasons

1. Basic facts

A. A No. B (hereinafter “instant prosperity”) is a management body of the Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “instant building”) under Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), and is authorized to impose and collect management expenses and additional dues for arrears from the occupants, etc.

B. The Defendant purchased all the sixth floor of the instant building (No. 601~611, hereinafter “instant commercial building”) at a voluntary auction, and completed the registration of ownership transfer on November 25, 201.

C. D, the former owner of the instant commercial building, did not pay the management expenses from January 2008 to November 201, 201; and the Defendant did not pay the management expenses from December 201 to March 2013.

On April 24, 2013, the Plaintiff acquired the claim for unpaid management expenses of the instant commercial building from the instant Subdivision. According to the Plaintiff’s certificate No. 123,187,250, which was delegated by the Subdivision, and on December 19, 2014, the Plaintiff notified the Defendant of the transfer of the unpaid management expenses claim after December 2008 among the unpaid management expenses of the instant commercial building, and excluded the late payment charges imposed on the previous owner.

The notification of the assignment of claims was given.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 13 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 18 of the Act on the Ownership and Management of Aggregate Buildings, which was imposed by the defendant prior to the acquisition of the commercial building in this case, provides that "the co-owner may exercise the claim against another co-owner with respect to the common area against the special successor." This is because the common area of an aggregate building is provided for the benefit of the whole co-owner, and thus, it shall be jointly maintained and managed, and the claim between the co-owner on the expenses incurred

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