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(영문) 의정부지방법원 2016.01.26 2015구합610
특별조치명령 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A. Radin’s land is a composite building located in Manyang-si, Seoyang-gu, Incheon-si, 817, which is located in an integrated management group consisting of the Plaintiff (10.87%), Hyundai department stores (51.56%), Home Plus (29.9%), and Medins (7.48%), holding and managing their respective sections of exclusive ownership, and the area of parking lots, public passages, etc. is managed by the Plaintiff, Hyundai department stores, Home Plus, and Megs (hereinafter “the instant integrated management group”) with the management delegated by the Plaintiff, Hyundai department stores, Home Plus, and Home Stlus (hereinafter “Plaintiff, etc.”).

B. On January 2012, the Plaintiff recommended the agenda for crowdfunding installation to the instant integrated management group at the Plaintiff’s expense in order to install crowdfunding at the Plaintiff’s expense. The instant integrated management group resolved on the agenda submitted by the Plaintiff on the 16th of the same month, and on the e-mail sent by the Plaintiff to the members of the instant integrated management group upon recommending the agenda items, the e-mail sent by the Plaintiff to the members of the instant integrated management group upon proposing the agenda items at the time stated that the Plaintiff set up a crowdfunding in December each year and removed it on February each year.

C. On January 20, 2012, the Plaintiff, at its own expense, set up a crowdfunding in the instant common area (hereinafter “instant crowdfunding”). D.

On the other hand, the Defendant planned a special fire safety inspection as stipulated in Article 4 of the Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act (hereinafter “Fire-Fighting Systems Act”) against radin sunset, and notified the instant integrated management group in writing around January 23, 2015 pursuant to Article 4-3(1) of the Fire-Fighting Systems Act.

E. After conducting a special fire safety inspection (hereinafter “instant special fire safety inspection”) on February 6, 2015, the Defendant: (a) conducted a special fire safety inspection by visiting Radin death; (b) pursuant to Article 5(1) of the Fire-Fighting Systems Act; and (c) pursuant to Article 2(1) of the Enforcement Rule of the Fire-Fighting Systems Act, the Defendant engaged in crowdfunding to the Plaintiff on February 9, 20

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