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| TITLE | [Maintenance Fees, etc]Supreme Court Decision 2006Da50420 Delivered on December 11, 2008 [full Text] |
|---|---|
| Summary | |
| [1] The case where the Supreme Court may render a judgment ex officio as to an error of applying an interpretation of the substantive law, even if the element of ""where the decision is in contravention of the judicial precedents of the Supreme Court,"" which qualifies as a ground of appeal in small claims cases, is not met [2] The legislative purpose of Article 18 of the Act on the Ownership and Management of Aggregate Buildings and the validity of a provision of the management agreement which allows a special successor to the former sectional owner to succeed in delinquent management fees of the former co-owner (=validity limited to management fees for the section for common use) [3] Whether a special successor to the sectional ownership of an aggregate building is obligated to pay the delinquent management fees for section for the common use owned by the former co-owner, in the case where the special successor has already transferred the sectional ownership to a third party (affirmative) [4] Whether a special successor to the sectional ownership of the aggregate building is obligated to pay the delinquent management fees as to the section for common use owned by the former sectional owner, in case where the special successor has already transferred the sectional ownership to the third party (affirmative) | |
