集合建物의 管理費滯納에 대한 特定承繼人의 責任

Special Successor s Liability for The Unpaid Management Fees

Management body may be deemed to have the status of a co-owner with the right to the claim under Article 18 of the Complexes Act and have large autonomy for Complex management. because management body serve for the interest of all owners through every area of complex. Article 18 of the Complexes Act was established as a special provision to allow the existing co-owners to claim the payment of such overdue fees against the special successor of the former co-owner regardless of the special successor s intent. The Management Rules concerning property management fees for common use areas and management body is valid under Article 18 of the Complexes Act, and special successor should assume the overdue property management fees owed by the former resident pertaining to the common use areas and management body. Special successor s liability for the property management fees pertaining to the common use area and management body cannot be regarded as an infringement upon the fundamental property right of the successor in violation of the principle of proportionality.