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(영문) 서울중앙지방법원 2016.10.06 2015가합565325
지위부존재확인 등 청구
Text

1. All of the counterclaims filed by the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff, the appointed Party), C, shall be dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is the steering committee of the A market located in the Gwanak-gu Seoul Special Metropolitan City F (hereinafter “instant market”). Since G retires from office as the chairperson of the Plaintiff around 2007, the Plaintiff was not elected as the successor president.

(b) Article 12 (2) 2 (d) of the Distribution Industry Development Act on January 7, 2014 (Business of Operators of Large Store, etc.)

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

(d) Where no person falls under any of items (a) through (c), a person designated under the agreement by at least half of the salesroom occupants.

In such cases, a corporation, cooperative, or business cooperative under item (a) or (b) shall be established within six months.

Pursuant to this, at least 1/2 of the salesroom occupants of the market of this case reported to the Gwanak-gu Office as the superstore manager of the market of this case.

However, D lost its status as a manager because it failed to establish a corporation, cooperative, or business cooperative under Article 12 (2) 2 (a) or (b) of the U.S. Industrial Development Act within six months.

Since February 10, 2015 and September 4, 2015, D reported to the Gwanak-gu Office as a superstore manager with the consent of at least 1/2 of the occupant occupants of the market in this case, but it lost the status of the manager because it was not established within six months.

C. Meanwhile, D convened a general meeting of the instant market on April 28, 2014 with the Plaintiff’s election of the president as an agenda item, etc., and held a general meeting on May 21, 2014, but did not reach the gender level.

On April 9, 2014, the Plaintiff employed Defendant C as the head of the management office of the instant market, but notified the dismissal on December 1, 2014.

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