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(영문) 춘천지방법원강릉지원 2020.07.14 2019나31723
관리비
Text

1. Of the judgment of the court of first instance, the plaintiff against the defendant B and E who is equivalent to the following amount ordered to be paid.

Reasons

1. Facts of recognition;

A. Plaintiff’s establishment and management 1) Plaintiff’s “Special Act on the Development of Traditional Markets and Shopping Districts” (hereinafter “ Traditional Markets Act”)

) The part of the 1st floor underground and the 1st floor above the ground, among the aggregate buildings of the 4th floor above the underground floor, which are traditional markets under subparagraph 1 of Article 2.

hereinafter referred to as “instant commercial building”

Of the merchants operating a store within the area, the remaining merchants except for the Defendants and part of the store (189 total number of stores as of November 17, 2015 and 109 members of the Plaintiff are 109.

A) Some of the merchants, including Defendant E, formed a “F market occupants’ federation” separately from the Plaintiff and refused to pay management expenses. (2) On May 23, 2014, the Plaintiff registered as the merchants’ association with Gangnam City Mayor in accordance with Article 65(3) of the Traditional Markets Act and Article 12(7) of the Enforcement Rule of the same Act.

On March 29, 2018, the articles of incorporation of the Plaintiff provided that a regular member shall be a merchant who directly runs the business in the F market (Article 10(1)); that a person who owns a store operated by a merchant in the F market may, if necessary, be present as an associate member (Article 10(2)); and that a member shall withdraw from the F market management regulations due to reasons such as closure of the business (Article 15). (Article 15) The F market merchant has the authority to claim, receive, and manage the share of expenses and expenses for the execution of the business of the management of the commercial building and the money to each sectional owner.

(1) On April 20, 2018, the Plaintiff (Article 6(1)2) of the Traditional Markets Act and Article 67(1) of the Enforcement Rule of the same Act (Article 6(1)2) of the same Act) designated a market manager of the instant commercial building (a number of stores 173, a number of empty stores 20, a lease 130, an empty store 18, a street store 5, a total floor area of a building 16,946 square meters, a total floor area of 10,120.69 square meters), and managed the commercial infrastructure prescribed in Article 2 subparag. 6 of the Traditional Markets Act within the instant commercial building. 4) and the Korea Electric Power Corporation.

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