Elevator replacement cost share awarded in full

Background

An elevator in a multi-unit building failed a safety inspection, and when the owners could not agree on cost sharing, our client, one of the unit owners, replaced it alone at a cost of about KRW 38.8 million. As a co-owner of the land, our client also sought a usage fee from a person using part of the land as storage.

Issues and ruling

The other owner argued that the basement and ground floor do not use the elevator and should pay less, but the court held that the elevator was not a common area serving only some floors, so costs had to be shared by floor-area ratio. For the land, the court awarded unjust enrichment equal to the appraised rent multiplied by our client's share.

Outcome

The other unit owner was ordered to pay the full KRW 25.86 million claimed with interest, the occupant was ordered to pay a monthly fee, and the opponents bear the costs.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.