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(영문) 서울중앙지방법원 2018.10.24 2018나19728
관리비
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is an organization that is engaged in the management of the A market, which is an aggregate building consisting of 292 stores of the first and second floor underground in Gwanak-gu in Seoul Special Metropolitan City.

The defendant sells educational materials in the name of "E" at a store of 2nd floor A market D.

[Ground of recognition] The defendant asserts that the plaintiff's representative F did not have the power of representation since it did not satisfy the qualification of the superstore manager after obtaining the consent of 1/2 of the tenant under the Distribution Industry Development Act. The plaintiff's representative F did not have the right of representation.

According to the evidence Nos. 6 and 14, the plaintiff's 40 members asserted that there is no legally elected chairperson, and thus, the plaintiff's 40 members filed an application for appointment of a temporary session under Article 63 of the Civil Act with the Seoul Central District Court 2017Bhap16, and on April 5, 2017, the decision to appoint F as the plaintiff's temporary session head was made. The defendant's husband G appealed appealed appealed against this (Seoul High Court 2018Ra20402) and the above decision became final and conclusive. Thus, F is a legitimate representative of the plaintiff.

The requirement, such as the consent of the occupant-merchants asserted by the defendant, is only a requirement to obtain the qualification of the superstore manager under the Distribution Industry Development Act, and it cannot be said that the plaintiff has any influence on the FF's power of representation.

The defendant's prior defense on the merits is without merit.

The plaintiff's assertion on the cause of the claim shall pay the plaintiff the management expenses in arrears until November 30, 2017 with respect to the above store.

In order for the plaintiff to claim management expenses against the defendant, the management authority to impose and collect management expenses on the shop occupants in the A market should be recognized.

(b).

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