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(영문) 서울북부지방법원 2015.06.12 2012나5764
관리용역비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Matters recognized and related statutes;

A. AC Housing Improvement Redevelopment Partnership (1) around April 1989, around 1989, completed a construction work for a housing improvement project, etc. on the land outside the Seoul Special Metropolitan City Nowon-gu G and 10 lots, and thereafter, the members of the said Redevelopment Partnership were the members of the said Redevelopment Partnership, and the instant commercial building (hereinafter “instant commercial building”).

2) On May 27, 1989, the Plaintiff is a corporation established to establish a market in the instant commercial building, and the Defendant (Appointed Party), the designated parties, Defendant D, and E are the sectional owners and shop occupants of the instant commercial building.

(hereinafter referred to as the "Defendants"). (b)

The Defendant’s establishment and superstore manager (change) report 1) on September 27, 1990 by the Plaintiff pursuant to Article 6(1) of the former Wholesale and Retail Business Promotion Act (amended by Act No. 4889, Jan. 5, 1995) of the Seoul Special Metropolitan City Nowon-gu(hereinafter “the head of Nowon-gu”).

(2) On December 31, 1998, when the Distribution Industry Development Act was enacted by Act No. 5327 on April 10, 1997, the Plaintiff registered the opening of a superstore pursuant to Article 8 of the Distribution Industry Development Act to the head of Nowon-gu on December 31, 1998.

3) Meanwhile, I et al., who are shop occupants of the instant commercial building, shall organize the “Jung-young” around June 2010, and with the consent of 197 out of 240 shop occupants on August 25, 2010, the Intervenor joining the Defendant, which is a legal entity (hereinafter “ Intervenor”).

4) After the intervenor, the intervenor filed a report on February 14, 201 to the head of Nowon-gu on the management of the commercial building of this case, including the collection of management expenses, in addition to the Plaintiff.

On February 15, 2011, the head of Nowon-gu accepted the report and issued the confirmation document to the superstore operator.

(c) related;

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