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(영문) 부산지방법원서부지원 2017.12.01 2017가단3305
채무부존재확인
Text

1. Management expenses and related expenses until March 21, 2017 concerning the real estate stated in the separate list against the plaintiff's defendant.

Reasons

1. Basic facts

A. On November 24, 2016, the Plaintiff was awarded a successful bid in the Busan District Court C, D Voluntary Auction and completed the registration of ownership transfer with the Plaintiff and E 1/2 shares, respectively.

B. Article 8(1) of the B Apartment Management Rules where the apartment of this case is located provides that "this Code shall be effective to a person who succeeds to the status of a tenant pursuant to Article 18(4) of the Act (including a person who acquired by a successful bid)" and Article 16(1) of the same Code provides that "a management authority may exercise a claim, such as management expenses, usage fees, long-term repair appropriations, etc. against a person who succeeds to the status of an occupant," and Article 8(2) of the same Code provides that "a person who succeeds to the status of an occupant (including a special successor) shall bear the expenses where the occupant

C. From October 2015 to March 1, 2017, the Defendant notified the Plaintiff that the former owner F of the apartment in this case would pay KRW 1,876,460 for the management expenses for the section for common use and KRW 903,480 for the section for exclusive use. The Plaintiff paid only KRW 1,876,460 for the management expenses for the section for common use among them to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3, Eul 1 and 2, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The plaintiff asserts that the former owner of the apartment in this case does not succeed to the management fee for the exclusive area that is the special successor, and that the plaintiff does not have the obligation to pay it, and the defendant asserts that the management fee for the exclusive area should also be succeeded to and paid to the defendant in accordance with the management rules for the Multi-Family Housing Management Act and B apartment established based thereon.

B. The decision-making management rules stipulate that a person who succeeds to the status of an occupant with respect to all delinquent management expenses claims may also be exercised.

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