Plaintiff, Ltd.

Defendant

June 15, 2006

Busan District Court Decision 2004Gaso483286 Delivered on September 12, 2005

1. Of the judgment of the first instance court, the part against the defendant in excess of the amount ordered to be paid below shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed

The defendant shall pay to the plaintiff the amount of KRW 837,372 and the amount equivalent to 20% per annum from January 16, 2005 to the full payment day.

2. The defendant's remaining appeal is dismissed.

3. The total costs of a lawsuit shall be borne by each person.

4. The part on which money is paid under paragraph (1) may be provisionally executed.

1. Purport of claim

The defendant shall pay to the plaintiff 6,361,130 won and the amount at the rate of 20% per annum from the day following the delivery of the application for modification of the purport of the claim to the plaintiff.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Basic facts

A. The Plaintiff is a company established for the purpose of operating and managing the Busan trigrams and trigrams and 14 lots above ground (hereinafter referred to as the “instant building”). The Plaintiff prepared guidelines for calculating and paying management expenses according to the management rules (ju) ○○○○ management rules (hereinafter referred to as the “management rules of this case”) set forth by the sectional owners of the instant building, and collects management expenses for each store each month, which consist of items such as general management expenses, direct expenses, indirect expenses, etc.

B. The main contents of the instant management rules are as follows.

(i) Article 6 (Rights and Obligations of Section 6 (Co-owner)

A sectional owner has the following rights and duties:

(6) Obligations to faithfully observe relevant Acts and subordinate statutes related to building and business management, this Code and the resolution of the board of directors;

(7) Obligation to bear expenses, etc. incurred in common interests related to the maintenance of buildings and business management.

Article 7 (Succession to Rights and Duties)

(1) A person who has obtained ownership transfer on the certified copy of the register and a person who has leased pursuant to the regulations shall automatically succeed to the rights and obligations under Article 6 above.

Article 8 (Joint Responsibility)

The liability such as management expenses to be borne by a corporation (referring to the plaintiff, a management corporation), shall be jointly and severally liable for the relevant sectional owner and the lessee (hereinafter referred to as the "contractor, etc.").

Applicant Article 35 (Contents of Management Expenses, etc.)

A sectional owner, etc. shall bear all expenses incurred in the management of the section for common use (hereinafter referred to as "management expenses") in accordance with the imposition standards, and the details of the management expenses shall be as follows:

(1) All expenses required for maintenance and management, such as heating, cooling, cleaning, facility repair, inspection, repair, remodeling, restoration, removal, etc. of the section for common use, and all expenses classified by sectional owners, etc.

(2) All expenses incurred in conducting joint business activities shall be borne jointly.

(3) Expenses for the information on common areas, etc., broadcasting, exchange, medical room, and mine room operation and welfare expenses.

(4) Expenses for various taxes, public charges, insurance premiums, traffic inducement charges, water and mineral heat charges, etc. concerning common areas, etc.

(5) Expenses incurred in operating a corporation (which may be imposed only on a specific store in accordance with the principle of beneficiary-sharing).

(6) All other common expenses incurred in the daily management of the section for common use.

(v) Article 36 (Imposition and Collection of Management Fees);

(1) The following expenses shall be calculated and notified as an actual expense settlement system in accordance with the standards for imposition, and the sectional owners, etc. shall pay management expenses to be borne each month by the designated date:

Correspond direct expenses

The measurable part of electricity, water, hot water, gas, etc. directly used by a sectional owner, etc. shall be based on the inspection of measuring instruments, and the impossible part shall be calculated in accordance with the imposition standards.

(C) Common expenses

Expenses under Article 35 shall be calculated by a corporation and allocated to the ratio of sectional owners, etc.

C. Meanwhile, on June 29, 2004, the defendant was awarded a successful bid at the auction procedure and acquired the ownership of the above store by fully paying the price. On October 8, 2004, the defendant sold the above store to the non-party on the same day and the registration of ownership transfer was made in the name of the non-party on the same day.

D. The Defendant’s management expenses for common areas in arrears with the previous owners at the time of acquiring the ownership of the instant store were 5,99; 199; 2.0.12; from March 2002 to February 2003; management expenses from April 1, 2003 to May 1, 2004; management expenses from June 1, 2004 to June 28, 2004; 214,730 KRW 28/30; 20: 30.46.6.28.6.6.6.20 to June 28, 2004; 30: 4.6.6.20 to June 29, 204; 200 to June 28, 2004; 200 to June 4, 2005; 20 to June 28, 2004.

[Grounds for recognition] Gap 2 to Gap 6, Eul 1's each entry, the purport of the whole pleadings

2. Determination:

(a) Management expenses incurred while the defendant was holding a store;

According to the above facts, the defendant is obligated to pay damages for delay at the rate of 20% per annum from January 16, 2005 to the date following the delivery date of the application for modification of the purport of the claim of this case, as requested by the plaintiff, pursuant to the plaintiff, from June 29, 2004 to October 8, 2004, which acquired the ownership of the store of this case from June 29, 2004 to the non-party.

B. Determination on the succession of the management expenses in arrears by the former owner

(1) The plaintiff asserts that the special successor of the store of this case succeeded to all the management expenses incurred in relation to the common areas that had been in arrears, and that the defendant sought payment of the management expenses that had been in arrears before the defendant acquired the ownership of the above store on November 1, 1999, the defendant raised that he did not own the above store as of October 8, 2004 as he transferred the ownership of the store of this case to the non-party, and that he did not own the above store as of October 8, 2004, and the management expenses that the defendant had not been in arrears before he owns the store were exempted from liability to the non-party. Therefore, he cannot respond to

(2) Therefore, Article 18 of the Multi-Unit Residential Building Act (hereinafter "the Multi-unit Residential Building Act") provides that "a co-owner's claim against another co-owner may be exercised against the other co-owner regardless of whether the co-owner's intention to succeed to the management fees is determined by the management rules of this case, but the plaintiff is not a co-owner under Article 18 of the above Act, since the owner of the building of this case imposes and collects management fees for each shop according to the management rules of this case, it is deemed that the co-owner succeeds to the rights and obligations of the co-owner. The common area of an aggregate building is provided for in the interests of all co-owners, and thus it is necessary to jointly maintain and manage the expenses and promote the appropriate maintenance and management thereof, and it is reasonable to see Article 18 of the Multi-Unit Residential Building Act (hereinafter "the Multi-unitial Building Act") and the part concerning the management fees for the multi-unit building should be determined by the management rules of this case.

However, it is reasonable to view that the special successor under Article 18 of the Multi-unit Building Act is limited to the person who is receiving benefits from the management of the common area as of the date of the closure of the pleadings at the fact-finding court, because the sectional ownership is held as of the date of securing the obligation for the management expenses for the common area, and therefore, the interim successor who does not hold the sectional ownership at the time of the conclusion of the pleadings at the fact-finding court has already transferred the sectional ownership to a third party has succeeded to the current owner the management expenses obligation for the common area in arrears due to the transfer of the sectional ownership for the non-party on October 8, 2004. In this case, the defendant transferred the sectional ownership of the store of this case to the non-party on October 8, 2004, so long as the former tenant did not hold the sectional ownership of the above store as of the date of the closure of the pleadings at the

3. Conclusion

Therefore, the plaintiff's claim is reasonable within the above recognized scope. Since the judgment of the court of first instance is partially unfair, it is revoked, and the plaintiff's claim corresponding to the part is dismissed, and the defendant's remaining appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Lee Jae-young (Presiding Judge) and Lee Jin-young