집합건물의 공용부분에서의 수익금의 분배 및 대지권 미등기 상태의 아파트 경매에 관한 소고

Abstract

To summarize the main points of the author's argument, the following are the key points.
 First, it is reasonable to view the act of the managing body of condominium building seeking unjust enrichment against an unauthorized occupant of the the section for common use of condominium building an act of management. Therefore, in order for the managing body to exercise the right to unjust enrichment, it must meet the requirements of resolution of the managing body’s meeting.
 Second, if the managing body is viewed as a litigator for the division ownership holder, it is reasonable to assume that the Res Judicata over the division ownership holder's claims subordinate the managing body.
 Third, a division ownership holder must have a resolution of the unit owners' meeting in order to claim a share of the profits from the the section for common use of condominium building from the managing body.
 Finally, if a purchaser at an auction pays the price including the section of exclusive ownership of condominium building and the right to use site as the auction price, but only acquires the he section of exclusive ownership without the right to use site, the purchaser may claim that the auction price for the right to use site is unjustly enriched from the enforcement creditor and may claim warranty liability against the debtor under Article 578 of the Civil Code.