(영문) 수원지방법원 2018.11.21 2016가단800118

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(영문) 수원지방법원 2018.11.21 2016가단800118

건물명도

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who acquired the instant real estate on August 3, 2016 due to a voluntary auction, and the Defendant is a controlled entity that entrusted and manages B commercial buildings, including the instant real estate.

B. C, the former owner of the instant real estate, did not pay 13,434,780 won for the management expenses for common areas from July 2007 to the Defendant, and the Defendant was transferred the possession of the instant real estate from C before the auction on the instant real estate was commenced, and has occupied and managed the instant real estate until now.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 6 (including various numbers for each type of evidence), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the real estate of this case to the plaintiff, unless there are special circumstances.

B. The defendant's defense is defense that the defendant could not respond to the plaintiff's claim seeking delivery on the ground of illegal occupation when he lawfully occupies the real estate of this case based on the lien, with the unpaid management expenses claims on the real estate of this case as the secured claim.

The special provisions of Article 18 of the Act on the Ownership and Management of Aggregate Buildings are stipulated in the above management agreement so that a claim between the co-owners on expenses incurred in order to maintain and manage the common areas of an aggregate building as the common areas of an aggregate building are contributed to the interest of all co-owners, and it is necessary to guarantee in particular the claim among the co-owners in order to promote the appropriate maintenance and management thereof, so that a claim may be made to the special successor of a co-owner regardless of whether he/she wishes to succeed thereto. As such, the part concerning the management fee for the common areas of an aggregate building in the above management agreement is based on

참조조문

-집합건물의 소유 및 관리에 관한 법률 제18조

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