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(영문) 서울남부지방법원 2019.06.21 2018가합114496
취득물인도
Text

1. The Defendant shall pay to the Plaintiff KRW 215,00,000 and the interest rate of KRW 15% per annum from November 24, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and the Intervenor’s status and relevant resolution 1) The Plaintiff is the Yeongdeungpo-gu Seoul Metropolitan Government D shopping mall (hereinafter “instant shopping mall”).

The management body under the Act on the Ownership and Management of Aggregate Buildings consisting of sectional owners. (2) The intervenor was amended to the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “Special Act on the Development of Traditional Markets and Shopping Districts”) and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, etc., and was approved by the head of Yeongdeungpo-gu Seoul on November 23, 2006 as a market improvement project promotion committee with the consent of a majority of landowners of the instant commercial buildings in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

3) On September 8, 2005, the Plaintiff resolved at the special meeting on the following: “The instant parking lot (hereinafter “instant parking lot”)’s separate management and approval of the allocation of surplus earnings; on March 29, 2007, the Plaintiff delegated the instant parking lot (hereinafter “instant parking lot”) to the Intervenor in separate management at the special meeting, and agreed to use parking revenues as funds for the operation of the market improvement project (Article 49 of the Special Act on the Establishment and Entrustment of Contracts for the Protection of Shop Occupants).” (B) On December 20, 201, the Defendant was established for the management and operation of the instant parking lot, and was directly in charge of the management and operation of the instant parking lot from that time, and the Intervenor held the Defendant’s meeting on February 16, 2012 and approved the establishment of the instant parking lot.

On September 25, 2014, the Defendant entrusted the instant parking lot management to E Co., Ltd. (hereinafter “instant management company”) that managed and operated the instant commercial building for two years, and the instant management company shall pay to the Defendant the sum of KRW 15 million per month entrusted management expenses and KRW 5 million for the measures to protect shop occupants.

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