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(영문) 수원지방법원 2019.08.21 2016가단13495
관리비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. However, F had registered the establishment of a quasi-superstore in accordance with the Distribution Industry Development Act on January 18, 2007 with respect to the instant aggregate building, but it had been revoked ex officio on December 17, 2012 due to the fact that the status of business suspension was maintained for more than one year without any justifiable reason, and thus, F’s management authority as a quasi-superstore operator under the Distribution Industry Development Act was extinguished.

I would like to say.

As seen earlier, K entered into a contract with the comprehensive succession of all the powers related to the sale of the F on August 2010, but this is merely an agreement between private persons and the qualifications of quasi-large store operators or quasi-large store managers under the Distribution Industry Development Act may be transferred by satisfying the requirements under the aforesaid Act and completing registration of modification.

(2) The person falling under any of the following subparagraphs (hereinafter referred to as the "person in charge of large scale stores, etc.") shall perform the duties referred to in the subparagraphs of paragraph (1) (* the duties of the person in charge of large scale stores, etc.) in large scale stores and registered quasi-large scale stores, etc.:

1. Where a person directly runs at least half the area of sales stores, such person;

2. Where no person directly runs at least half the area of sales stores, any of the following persons:

(a) A corporation under the Civil Act or the Commercial Act established with an agreement of at least 2/3 of the merchants conducting business by selling in the relevant superstore or a registered quasi-superstore (hereinafter referred to as "occupant shop occupants") (the aggregate of the store areas operated by shop occupants with consent shall be at least 1/2 of the total store area; hereafter the same shall apply in this Chapter);

(b) A cooperative (hereinafter referred to as “cooperative”) under Article 3 (1) 1 of the Small and Medium Enterprise Cooperatives Act, or a business cooperative (hereinafter referred to as “business cooperative”) under subparagraph 2 of the same paragraph, which is established with the agreement by at least 2/3 of salesroom occupants;

(c) An autonomous management organization established with an agreement of not less than two-thirds of saleroom occupants.

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