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(영문) 서울중앙지방법원 2016.05.19 2015나40981
관리비
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by C.

3. The decision of the court of first instance is made in paragraph (2); and

Reasons

1. Basic facts

A. On January 7, 2014, C reported to the Gwanak-gu Office as the Plaintiff’s superstore manager with the consent of at least 1/2 of salesroom occupants pursuant to Article 12 of the Distribution Industry Development Act. However, C lost its status as a manager because it was unable to establish a corporation, cooperative, or business cooperative under Article 12(2)2(a) or (b) of the Distribution Industry Development Act within six months.

On February 10, 2015, C filed a report with the Gwanak-gu Office as a superstore manager with the consent of at least 1/2 of occupant occupants.

(1) The opener of a superstore, etc. shall perform the following duties:

1. Establishment of commercial transaction order;

2. Maintenance of the safety of consumers and prompt handling of losses and complaints suffered by consumers and residents in the neighborhood;

3. Other affairs necessary to maintain and manage superstores, etc.

1. Where a person directly runs at least half the area of sales stores, such person;

2. Where no person directly runs at least half the area of sales stores, any of the following persons:

(a) A corporation established with the agreement of at least 2/3 of salesroom occupants under the Civil Act or the Commercial Act;

(b) A cooperative (hereinafter referred to as “cooperative”) under Article 3 (1) 1 of the Small and Medium Enterprise Cooperatives Act, or a business cooperative (hereinafter referred to as “business cooperative”) under subparagraph 2 of the same paragraph, which is established with the agreement by at least 2/3 of salesroom occupants;

(c) An autonomous management organization established under the agreement by at least 2/3 of salesroom occupants. In such cases, the organization shall qualify as a corporation, cooperative, or business cooperative prescribed in item (a) or (b) within six months;

Where no person falls under any of items (a) through (c), the occupant-merchants.

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