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(영문) 서울중앙지방법원 2020.02.05 2019나58966
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted Company”) was established on February 3, 1954 with the purpose of managing and operating a well-known traditional market under the name of “F market” of Jung-gu Seoul Special Metropolitan City D and E, and is performing the work of cleaning and preventing fire in the F market area designated by the head of the Gu on Nov. 30, 2007, pursuant to Article 67 of the Special Act on the Development of Traditional Markets and Shopping Districts (former Special Act on the Development of Traditional Markets and Shopping Districts from July 1, 2010; hereinafter “ Traditional Markets Act”).

In addition, in accordance with Article 8 of the Distribution Industry Development Act on August 23, 2012, the non-party company completed the establishment registration of the FM market in the Jung-gu Seoul Metropolitan Government Office.

B. Defendant F market has the IF market consisting of Fmarket merchants, and the Defendant appears to have opened the IF market branch. Defendant is an organization established by consisting of the two-story shop merchants in Jung-gu Seoul Special Metropolitan City Jung-gu (which was composed of the first floor and the first floor and the fourth floor; hereinafter “instant commercial building”). The Plaintiff is a merchant who leased, used, and profits from the H head shop among the second floor of the instant commercial building around January 208.

C. For the management of the shopping mall in this case, ① a props association consisting of land owners and building owners, and ② a merchants association on each floor consisting of shop occupants.

The rules of the merchants' association of the shopping mall of this case (hereinafter "the rules of this case") have the following provisions.

Article 10 (Duties)

(a) Members shall be obliged to observe and implement all the rules and resolutions of the merchants' association;

In the event of a violation, all rights can be deprived.

(b) A member shall be liable to pay expenses for a merchants' association, such as management expenses and public charges resolved;

Article 21 (Management Expenses and Revenues)

(a) Members or shop owners shall be liable to pay a certain amount of expenses for the maintenance, management, and operation and management of a merchant's association;

(b).

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