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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following payment order shall be revoked, and that part shall be revoked.
Reasons
1. Basic facts
A. 1) The Seoul Southern Market Co., Ltd. was a corporation established on February 3, 1954 for the purpose of managing and operating the Seoul Southern Market, which was established on February 3, 1954, and the Southern Seodaemun Market located in the Southern Seodaemun-gu Seoul Jungmun-ro 21-gil and the Southern Seodaemun-ro (hereinafter “Seoul Seodaemun Market”).
(1) On August 23, 2012, the Special Act on the Development of Traditional Markets and Shopping Districts (amended by Act No. 11847, May 28, 2013; hereinafter “ Traditional Markets Act”) concerning traditional markets and shopping districts is applicable.
(2) The Plaintiff also became the branch of the Seodaemun Market Merchant Association established on November 2012, 201 and registered the merchants’ meeting under Article 65 of the Traditional Markets Act on November 20, 2012. The Seoul Seodaemun Market Merchant Association delegated the affairs of market management (general management and cleaning management) of the Seodaemun Market to the Seoul Seodaemun Market Co., Ltd.
B. The Seoul Jung-gu Seoul Metropolitan Government D Building (hereinafter “instant building”) located in the Nammun market has a merchants’ association composed solely of the merchants of the pertinent floor on each floor. The Plaintiff is a merchant association comprised of 147 stores located in A (hereinafter “the instant commercial building”). Defendant B is the trade name of “F” in the instant commercial building, and Defendant C operates each store with “I” in G and H.
C. The main contents of the rules of the Plaintiff Merchant Association (amended by April 3, 2014; hereinafter “instant rules”) are as follows.
Article 5 [Business] 5] Matters concerning expenses, fire prevention, sanitation, US dollars, etc. of commercial buildings / [Qualification] Article 6 / [Qualification] Article 7 of the shop owner and spouse (including tenants) who engage in commercial activities within the jurisdiction of the plenary session / [Right and Duty] Members of the plenary session shall have the following rights and duties: