[1] The scope of management expenses for common areas that a specific successor of a sectional owner of an aggregate building succeeds

[2] The case holding that general management expenses and disinfection expenses shall be the management expenses for common areas and the special successor shall succeed to by the special successor, but the heating expenses for each household and cable broadcasting fees under the collective contract under the central collective heating system shall not be succeeded to by the special successor as the management expenses for exclusive use

[1] The management fee for the common use area to which a specific successor of a sectional owner of an aggregate building succeeds, not only the expenses disbursed for the direct maintenance and management of the common use area of an aggregate building itself, but also the expenses disbursed for the whole maintenance and management of an aggregate building including a section for exclusive use, which need to be uniformly maintained and managed for the common interest of all occupants, and thus, the expenses of the nature that need not be disbursed uniformly can be clearly divided into the expenses used for the part to which it actually and specifically belongs for the individual interest of the occupants, if not, it can be clearly

[2] The case holding that since general management expenses and disinfection expenses are management expenses for common areas for the maintenance and management of the aggregate building, the special successor to the sectional owner of the aggregate building succeeds to the management expenses for common areas, but the heating expenses for each household and cable broadcasting fees under the collective contract under the central heating system shall not be succeeded to by the special successor since they constitute management expenses for exclusive use for the individual interests of the occupants

[1] Articles 17 and 18 of the Act on the Ownership and Management of Aggregate Buildings / [2] Articles 17 and 18 of the Act on the Ownership and Management of Aggregate Buildings

[1] Supreme Court Decision 2004Da3598, 3604 decided Jun. 29, 2006 (Gong2006Ha, 1397)

Plaintiff

(name omitted), apartment unit council of occupants' representatives

June 27, 2007

1. It is confirmed that the obligation to pay delinquent management expenses for the head of the new Eup/Myeon/Dong (numbered apartment name, apartment name, omitted of the same subparagraph) to the defendant does not exist in excess of KRW 2,886,920.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit are divided into two parts, and one shall be borne by the plaintiff, and the remainder by the defendant, respectively.

The plaintiff's overdue management expenses of KRW 5,467,180 against the defendant are non-existent, and there are KRW 962,260 for the overdue management expenses for common areas.

1. Facts of recognition;

A. The registration of transfer of ownership in the name of the plaintiff was completed on November 25, 2006 with respect to the new-Eup-Myeon (numbered apartment lot number, apartment name, and the same subparagraph omitted) (hereinafter "the apartment of this case") on November 20, 2006, and the former owner of the apartment of this case did not pay KRW 5,35,260 for management expenses from August 20, 2004 to October 206

B. The defendant requested the plaintiff to pay the management expenses for the section for common use by dividing the delinquent management expenses into the management expenses (general management expenses, disinfection expenses, cable broadcasting expenses, heating expenses, elevator maintenance expenses, repair and maintenance expenses, long-term repair expenses, long-term repair appropriations, garbage collection expenses, fire insurance premiums, etc.) 4,380,410 won and the section for exclusive use (household electricity charges, water supply fees, sewerage fees, water supply fees, water supply expenses, television fees, etc.) 974,850 won and the section for exclusive use (household electricity

C. The facts that general management expenses among the management expenses for common areas under the attached Form 2 are KRW 2,063,850, KRW 30,720, KRW 60 for cable broadcasting, KRW 60,610 for cable broadcasting, and KRW 1,432,880 for air heating in the central heating system under the attached Form 2.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion

The plaintiff, who is the special successor of the apartment in this case, has the obligation to succeed only to the common area among the delinquent management fees for the previous sectional owners. Among the management fees for the common area claimed by the defendant, general management expenses are management expenses not belonging to the exclusive part for common area, and since heating expenses for each household, disinfection expenses, and cable broadcasting fees are management expenses incurred from the exclusive part, the plaintiff

(b) Markets:

(1) It is reasonable to view that management expenses for common areas succeeded to a specific successor of the former sectional owner of an aggregate building include not only expenses disbursed for the direct maintenance and management of the common areas of an aggregate building, but also expenses disbursed for the whole maintenance and management of an aggregate building including a section for exclusive use as well as expenses that need to be uniformly maintained and managed for the common interest of all occupants, and thus, the expenses that need not be spent in lump sum can be clearly divided into expenses used for the portion which actually and specifically belongs to the individual interest of the occupants, unless they are clearly divided into expenses used for the individual interest of the occupants (see Supreme Court Decision 2004Da3598, 3604, Jun. 29, 2006).

(2) According to the purport of the whole argument and the general administration expenses, the general administration expenses consist of the personnel expenses of the managing staff below the managing director who manages the apartment complex, and other expenses for office supplies, electricity safety management agency fees, telecommunications expenses, and other indirect management expenses. Therefore, it is reasonable to view the general administration expenses as the expenses paid for the maintenance and management of the aggregate building and as the management expenses for common areas.

(3) The public health unit with respect to the heating costs for each household by the central heating system, even though (name omitted) apartment adopts the central heating system and even if the same amount is imposed by the usual type regardless of whether the heating costs are used by individual households or whether they are used by the individual households, the heating is ultimately provided for the interests of individual households, and is not related to the maintenance and management of the whole aggregate building, and furthermore, even if the defendant's notice of payment of the management costs, it is reasonable to view it as an exclusive management fee regardless of the heating supply method.

(4) We examine disinfection costs. Not only have the effects of disinfecting the whole building on a lump sum due to the characteristics of an aggregate building, but also it is necessary for the maintenance and management of the whole aggregate building, not for a specific household, and it is reasonable to view it as management expenses for common areas.

(5) As to cable broadcasting fees, even though it is difficult for occupants to select individually from among many cable broadcasting companies in the line structure of the apartment complex complex, and thus a specific cable broadcasting company entered into a comprehensive contract with the entire apartment complex, it is ultimately a provision for the interest of an individual household, and it is irrelevant to the maintenance and management of the whole aggregate building, it is reasonable to view it as management fees for exclusive use.

(5) Sub-committee

Therefore, the Plaintiff, the special successor to the apartment in this case, is obligated to pay the Defendant the management expenses for the common area (the management expenses for the common area claimed by the Defendant 4,380,410 - the cable broadcasting fees of KRW 60,610 - the heating expenses for each household 1,432,80) out of the delinquent management expenses for the common area of the former sectional owner.

3. Conclusion

Thus, the plaintiff's obligation to pay delinquent management expenses to the defendant does not exceed KRW 2,886,920, and as long as there is a dispute as to the scope of the obligation, the plaintiff is entitled to seek confirmation. Thus, the plaintiff's claim of this case is justified within the extent of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Park Jong-hee