집합건물 관리비 채권채무의 당사자와 관리비채무의 승계

• 영문명: Parties of Assessments of Condominium and Assumption of Assessments Debt by the Assignee of a Unit
• 발행기관: 한국민사법학회
• 저자명: 김영두(Kim, Young-Doo)
• 간행물 정보: 『민사법학』제46호, 293~349쪽, 전체 57쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2009.09.30

영문 초록

In this case(Korean Supreme Court 2008. 12. 11. 2006다50420), the plaintiff was a corporation established for the management of commercial condominium, and the defendant was a unit owner who assigned his unit ownership. The plaintiff demanded for payment of assessment delayed by a former unit owner. Korean Supreme Court ruled that the defendant should be liable only for the common expense delayed by the former unit owner on the basis of Art. 266(1) of Korean Civil Code and Art. 18 of Korean Condominium Act( KCA ). Korean Supreme Court treated the plaintiff as the president of condominium association, so it applied KCA in this case. However the plaintiff was not a president of condominium association, because it was not elected as a president at the general meetings of unit owners nor by documentary resolution. It was only the president of users association which is partly composed of unit owners who were using the unit and partly composed of lessees. KCA applies only to condominium association and doesn t apply to users association because it is not condominium association which is solely composed of unit owners. If Supreme Court concluded that it was right of the plaintiff to demand of the unit owner common expense delayed by the former unit owner, it should find out legal basis rather than Condominium Act. So far as the legal basis couldn t be found in operative laws, it should be the implied intent of the user that, with regard to common expense, he would follow the resolution of the general meeting and bylaws of users association which empowers the president of users association to demand of the unit owner common expense delayed by the former unit owner.

목차

Ⅰ. 사실관계 및 판결내용

Ⅱ. 문제의 제기

Ⅲ. 집합건물 관리단·사용자관리단과 집합건물법

Ⅳ. 집합건물 관리비의 채권과 채무

Ⅴ. 결론

참고문헌

키워드

집합건물 관리비 집합건물관리단 사용자관리단 공용부분 상가번영회 입주자대표회의 입주자단체 관리인 Korea Condominium Act Resident condominium unit owner assessment common element condominium association users association common expense