보관금 반환 청구의 소
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Plaintiff’s status 1) The Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”).
(2) Pursuant to Article 23(1), A commercial building of the size of the fourth underground and nine above ground in Cheongju-si, the fourth underground floor in Cheongju-si D (hereinafter “instant commercial building”).
A) A management body established with all sectional owners as a manager around 2004, which was appointed by E as a manager, around February 1, 2013, the Daejeon High Court Decision 2012Ra72 decided on February 1, 2013, and the G was appointed as a manager at the temporary management body meeting on February 22, 2019. 2) Defendant C completed reporting procedures by reporting to the Cheongju City Mayor with the consent of at least 1/2 of salesroom occupants of the instant commercial building in accordance with Article 12 (2) 2 (d) of the former Distribution Industry Development Act (amended by Act No. 1497, Oct. 31, 2017; hereinafter “former Distribution Industry Development Act”), and completed reporting procedures by the said method six months thereafter.
On August 2, 2016, Defendant B (hereinafter “Defendant B”) reported to the Cheongju City Mayor with the consent of at least 2/3 of the shop occupants of the instant commercial building pursuant to Article 12(2)2(a) of the former Distribution Industry Development Act, and completed the procedures for reporting the superstore manager, and succeeded to the status of Defendant C, thereby managing the instant commercial building.
3) Defendant C is the representative of Defendant B’s director. (b) In the event that the former Distribution Industry Development Act was partially amended on October 31, 2017 and Article 12(2)2 does not directly operate at least 1/2 of the store size, Defendant C is the store size operated by the occupant-merchants who obtained the consent that only requested the consent of at least 2/3 of the occupant-merchants as the requirements for the superstore manager.