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(영문) 서울동부지방법원 2019.06.19 2018가합112077
전기사용계약자명의변경
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by C (D).

Reasons

1. The premise is the premise (i) the main complex building with the first underground and the sixth floor above the ground in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”), which is currently being used as the commercial building from the first to the fourth floor above the ground, and the fifth and sixth floor above the ground.

② F Co., Ltd. succeeded to the market establishment status under the Wholesale and Retail Trade Promotion Act in around 1989 from G Co., Ltd., and has collected management expenses from the occupants of the instant building.

③ On October 7, 1994, F Co., Ltd. was subject to the revocation of the permission for market establishment on the ground that “the normal operation of the market is prohibited.” On April 25, 2007, F Co., Ltd. (the representative director: Defendant Intervenor) transferred the right to manage the building of this case to H Co., Ltd. (the representative director).

④ On July 6, 2014, some sectional owners of the instant building organized a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) and elected I as the representative and enacted the management rules. On September 29, 2014, an inaugural general meeting was held to approve the items such as “Ratification of management rules, appointment of a council of occupants’ representatives and its representative operating members, appointment of general operating members, determination of management expenses, and bearing of expenses,” etc. (hereinafter “resolution by September 29, 2014”).

⑤ The A market was originally constructed as a commercial building on the 1st and third floor above the ground level. A around 1990, H implemented an extension project and extended to the present size on March 191. At the time of the resolution of September 29, 2014, the total number of sectional owners who completed the registration of ownership transfer was 90, and the number of buyers or successors was 41 in total.

(6) On May 16, 2016, the Defendant: (a) in the event that the Plaintiff cannot obtain recognition from the Plaintiff in the lawsuit, the Defendant’s electric use contract for the instant building (hereinafter “instant electric use contract”) refers to “the instant electric use contract.”

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