logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.04 2016나21994
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 1) C Co., Ltd. is established for the purpose of managing and operating the D market on February 3, 1954 and on August 23, 2012 (hereinafter “D market”).

The Special Act on the Development of Traditional Markets and Shopping Districts (amended by Act No. 11847, May 28, 2013; hereinafter “ Traditional Markets Act”) concerning traditional markets and shopping districts.

(2) On November 20, 2012, the D Market Merchant Association registered as the Merchant Association under Article 65 of the Traditional Markets Act delegated C Co., Ltd. with the duties of managing and operating the D Market (general management and cleaning management).

3) On the other hand, Adong building in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant building”) located in the D market.

In each floor, there is a merchants' association composed solely of merchants of the pertinent floor, and the Plaintiff is a shop in the first floor among the instant buildings (hereinafter referred to as "instant commercial building").

(4) Around September 1, 2012, the Defendant: (a) was a merchant association consisting of the merchants of the stores operating in the D market; and (b) was delegated the Plaintiff with the management authority and the right to collect the management fee of the instant commercial building; (c) the Defendant was a merchant operating the store in the trade name of “H” in the instant commercial building 71, 72, 73, and 73-1; and (d) the Plaintiff was a member of the Plaintiff, on December 2012.

B. The contents of the Plaintiff’s bylaws (hereinafter “instant bylaws”) pertaining to the instant case are as follows.

Article 4 [Jurisdiction] The scope of jurisdiction of the plenary session shall be limited to Article 6 [Qualification] of the direction to the first floor of Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul Metropolitan Government. (1) The qualifications of the plenary session shall be compulsory when a business operator registers his/her business and engages in commercial activities within the jurisdiction of the plenary session and shall be extinguished when he/she loses his/her right of possession. (2) The withdrawal of members of the plenary

Article 7 [Rights and Duties] Members of plenary session shall have the following rights and duties:

1...

arrow