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(영문) 서울중앙지방법원 2016.11.04 2016나22010
관리비
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The relationship 1) C Co., Ltd. was established on February 3, 1954 for the purpose of managing and operating the D market in Seoul on February 3, 1954, and on August 23, 2012, the D market located in Jung-gu, Seoul and F (hereinafter “D market”) was designated as a market manager under Article 67 of the Special Act on the Development of Traditional Markets and Shopping Districts (amended by Act No. 11847, May 28, 2013; hereinafter “ Traditional Markets Act”). (2) On November 20, 2012, the “D Market Merchant Association” registered as the merchant Association under Article 65 of the Traditional Markets Act delegated the management and operation of the D market to the C Co., Ltd. (general management and cleaning management).

3) Meanwhile, the building A in Jung-gu Seoul Metropolitan City, located in the D market (hereinafter “instant building”) has a merchants’ association composed of only the merchants of the pertinent floor on each floor. The Plaintiff is a merchants’ association comprised of merchants in the stores located in the first floor (hereinafter “instant commercial building”) among the instant building, which is a branch of the Dmarket Merchant Association. On September 1, 2012, C Co., Ltd entrusted the Plaintiff with the right to manage the instant commercial building and to collect management expenses and management expenses for the instant commercial building. 4) The Plaintiff’s bylaws (hereinafter “instant bylaws”) delegated the right to collect the instant commercial building as follows.

Article 4 [Jurisdiction] The jurisdiction of the plenary session shall be limited to Article 6 [Qualification] of the direction to the 1st floor in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul Metropolitan Government. (1) The qualifications of the plenary session shall be compulsory when registration of business is completed and engaged in commercial activities is conducted within the jurisdiction of the plenary session, and shall be extinguished when possessory right is lost. (2) The withdrawal of members of the plenary session shall not be

Article 7 [Rights and Duties] Members of plenary session shall have the following rights and duties:

1) The right to vote and eligibility 2) compliance with all the regulations of the plenary session and the resolutions of the council; 3) compliance with the plenary session instructions and control demands; 4) payment of the operating expenses of the plenary session and the date of the charge.

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