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(영문) 서울중앙지방법원 2015.02.17 2014가합20658
관리권확인등
Text

1. As between the Plaintiff and the Defendant,

(a) Section 1 of the 11th floor to the 15th floor of the building in Jung-gu Seoul, Jung-gu;

Reasons

1. Basic facts

A. Seoul Jung-gu A building is an aggregate building of 6 underground and 15 floors above ground.

Among them, ① parking lots, mechanical rooms, electricity rooms, ② commercial buildings and parking lots from the second to the third underground floors, ③ commercial buildings from the second underground to the sixth underground floors, ④ commercial buildings from the third underground to the fourth underground floors, ④ commercial buildings from the third underground, ⑤ neighborhood living facilities, ⑤ Land 9, 10 floors from the tenth ground to the office of the defendant), and ② officetels from the 11st ground to the 15th ground.

B. The Plaintiff is a management body comprised of sectional owners in building A in accordance with the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

C. The defendant is a corporation established on December 11, 199 for the purpose of maintaining and managing the A building and promoting commercial buildings.

On November 2, 2000, pursuant to Article 12(3) of the Distribution Industry Development Act, the Defendant filed a report on the part from the second to nine stories above ground in building A to the nine stories above ground.

On November 13, 2000, the head of Jung-gu Seoul Metropolitan Government (hereinafter referred to as the "the head of Jung-gu Gu") accepted the above report and notified the defendant as a superstore manager and issued a superstore establishment registration certificate and a superstore manager's confirmation certificate.

On October 13, 2014, the head of China issued a new superstore establishment registration certificate to the Defendant on the 10th floor above the ground of A building, which is included in the business place.

From 200 to 200, the defendant is managing the A building by collecting management expenses from the sectional owners and lessees of the whole A building and operating the parking lot.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 through 3, 5 through 19, 74 (if any, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The defendant is not in the position of superstore operator and superstore manager under the Distribution Industry Development Act for the following reasons:

(1) A building;

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