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(영문) 서울남부지방법원 2017.08.24 2017가합101974
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

1) The Plaintiff was amended as the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “Special Act on the Development of Traditional Markets and Shopping Districts”) on December 30, 2009;

The Traditional Markets Act (hereinafter referred to as “ Traditional Markets Act”)

)The Yeongdeungpo-gu Seoul Metropolitan Government A Award (hereinafter referred to as “A Award”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

(2) On November 23, 2006, a market improvement project promotion committee consisting of a majority of owners of land, etc., and obtained approval from the head of the Seoul Young-gu Office for its establishment. 2) C is a management body consisting of all sectional owners of A Sang-si in accordance with the Act on the Ownership and Management of Aggregate Buildings.

(hereinafter “Management Body of this case”) D Co., Ltd. (hereinafter “Management Company”)

(4) The defendant is a company established on August 20, 201 for the main purpose of parking management business on December 20, 201.

On September 8, 2005, a majority of the owners of land A, etc. of the instant management body resolution of the instant management body was intended to establish a market improvement project association under the Traditional Markets Act with a project implementation district, and agreed to form the Plaintiff, which is the promotion committee for the establishment of the market improvement project. On September 8, 2005, the extraordinary general meeting of the instant management body and the Plaintiff’s management assembly were held at the same place as the instant management body meeting. In the instant management body’s special meeting, the resolution was adopted regarding “A,” which is the agenda item No. 1, the “A, the promotion committee for the establishment of the market improvement project,” and “the separate management of parking lots and the approval for the distribution of surplus earnings,” which is the agenda item No. 2, the parking lot separate management and the parking lot of the instant management body resolution of March 29, 2007 and the parking lot of A of the instant management body A, which consists of two underground and outdoor sites.

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