logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.16 2016나21932
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The relationship between the parties (1) The Seoul Southern Market Co., Ltd. was established for the purpose of managing and operating the Seoul Southern Market on February 3, 1954, and was designated as a market manager pursuant to Article 67(1) of the former Special Act on the Development of Traditional Markets and Shopping Districts (Amended by Act No. 11690, Mar. 23, 2013; hereinafter referred to as the “ Traditional Markets Act”) with respect to the South Seodaemun Market located in the Southern Seodaemun market 4-gil 21 and South Seodaemun-ro on August 23, 2012.

(2) On November 20, 2012, the merchants’ association consisting of merchants operating in the Seodaemun Market. On November 20, 2012, the Association completed the registration with the Jung-gu Seoul Metropolitan Government Office pursuant to Article 65(3) of the Traditional Markets Act, and delegated the affairs of market management (general management and cleaning management) of the Seodaemun Market to the Seoul Southern Market Co., Ltd.

(3) On each floor, the Seoul Jung-gu Seoul Metropolitan Government Building (hereinafter “instant building”) located within the Nam-gu Market has a merchants’ association consisting of only the merchants of the pertinent floor. The Plaintiff is a merchants’ association consisting of the merchants of the stores operating in D (hereinafter “instant commercial buildings”) among the instant buildings, which is a branch association of the Nam-gu Market Merchant Association, and the Seoul Nam-gu Market Co., Ltd entrusted the Plaintiff with the management authority and the right to collect the management fee of the instant commercial buildings on September 1, 2012.

On the other hand, corporation E is an organization composed of props of the building of this case.

(4) The Defendant is a merchant operating a store under the trade name “F” in 88 of the instant commercial building.

B. The Plaintiff’s bylaws amended on April 3, 2014 (hereinafter “instant bylaws”) pertaining to the instant case are as follows.

Article 4 [Jurisdiction] The district under the jurisdiction of the plenary session shall carry out the following affairs to achieve the purpose of Article 3: D Article 5 (Business Affairs) located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul:

5. Guard, fire prevention, sanitation, and ..

arrow