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(영문) 서울중앙지방법원 2019.05.16 2018가합6223

업무용 자료 및 물품인도 청구

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is an aggregate building consisting of a store owner or a management owner in the A market, which is an aggregate building consisting of a total of 292 stores of the first and second floor located in Gwanak-gu in Seoul Special Metropolitan City.

On January 7, 2014, the Defendant reported a superstore manager on the ground that he/she constitutes a person designated with the consent of at least 1/2 of occupant occupants under Article 12 (2) 2 (d) of the Distribution Industry Development Act. However, on July 7, 2014, the Defendant was notified by the head of Gwanak-gu Seoul Special Metropolitan City Office that the status of the superstore manager was lost because he/she failed to meet the qualifications of a corporation, cooperative, or business cooperative within six

(1) The opener of a superstore, etc. shall perform the following duties:

1. Establishment of commercial transaction order;

2. Maintenance of the safety of consumers and prompt handling of losses and complaints suffered by consumers and residents in the neighborhood;

3. Other affairs necessary to maintain and manage superstores, etc.

1. Where a person directly runs at least half the area of sales stores, such person;

2. Where no person directly runs at least half the area of sales stores, any of the following persons:

(a) A corporation under the Civil Act or the Commercial Act established with an agreement of at least 2/3 of the merchants (hereinafter referred to as "occupants") who engage in business with the relevant superstore or a registered quasi-superstore (the aggregate of the store areas operated by the shop occupants who have obtained consent shall be at least 1/2 of the total store area; hereafter the same shall apply in this Chapter);

(b) A cooperative established with the agreement of at least 2/3 of salesroom occupants under Article 3 (1) 1 of the Small and Medium Enterprise Cooperatives Act;