집합건물 관리비 채권채무의 당사자와 관리비채무의 승계

Parties of Assessments of Condominium and Assumption of Assessments Debt by the Assignee of a Unit

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.