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(영문) 서울중앙지방법원 2016.11.24 2016나21987
관리비
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The status of the parties (1) The Seoul Southern Market Co., Ltd. was established for the purpose of managing and operating the Seoul Southern Market on February 3, 1954, and on August 23, 2012, the Seoul Southern Market Co., Ltd. was designated as a market manager pursuant to Article 67(1) of the former Special Act on the Development of Traditional Markets and Shopping Districts (Amended by Act No. 11690, Mar. 23, 2013; hereinafter “ Traditional Markets Act”).

(2) On November 20, 2012, the merchants’ association consisting of merchants operating in the Seodaemun Market. On November 20, 2012, the Association completed the registration with the Jung-gu Seoul Metropolitan Government Office pursuant to Article 65(3) of the Traditional Markets Act, and delegated the affairs of market management (general management and cleaning management) of the Seodaemun Market to the Seoul Southern Market Co., Ltd.

(3) On each floor, the building (hereinafter “the building of this case”) located in the Southern-dong, Jung-dong, Seoul, Seoul, consisting of only the merchants of the relevant floor. The Plaintiff is a merchant association comprised of the merchants of the stores operating on the first floor (hereinafter “instant commercial building”) among the instant building, which is a branch association of the merchants of the Seodaemun-gu, Seoul, Seoul, which is a branch association of the merchants’ association. The Seoul Southern-dong Market Co., Ltd delegated the Plaintiff the management authority and the right to collect the management fee of the instant commercial building on September 1, 2012.

On the other hand, the Southern Central Family Co., Ltd. is an organization comprised of the props of the building of this case.

(4) The Defendant is a merchant operating a store under the trade name “E” in the instant commercial building C and D.

B. The Plaintiff’s bylaws amended on April 3, 2014 (hereinafter “instant bylaws”) pertaining to the instant case are as follows.

Article 4 [Jurisdiction of the plenary session] Article 5 [Business] The main purpose of this Article is to achieve the purpose of Article 3.

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