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

The purport of the claim and appeal is the purport of the appeal.

A. The Plaintiff is a merchants’ association composed of merchants in Yeongdeungpo-gu Seoul Metropolitan City A market (hereinafter “instant market”) located in Yeongdeungpo-gu, and completed the registration of the merchants’ association on March 19, 2018 under Article 65(3) of the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “ Traditional Markets Act”) and Article 12(7) of the Enforcement Rule of the same Act.

B. Around May 2009, the Defendant is the owner of a store that acquired a store in the A market (A market No. D) and has not run a business by leaving a store continuously after the acquisition.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is a merchant's association established by the merchants of the A market and is engaged in the business of maintaining and managing the market of this case, which is a common building. Thus, the defendant, the owner of the store of this case, is liable to pay management fees corresponding to the sectional ownership

Now, there is no suspicion.

Even if the plaintiff manages the market building of this case including the defendant's store, pays electricity fees, water use fees, etc., and expended cleaning and repair expenses, etc. This constitutes a business management that the plaintiff performed for the defendant's store without his/her duty, and thus, the defendant is obligated to reimburse the expenses pursuant to Articles 734 and 739 of the Civil Act. Thus, the defendant is obligated to obtain profits equivalent to the amount, and even if not, thereby, inflict losses on the plaintiff. Thus, the defendant is obligated to return it as unjust enrichment

B. Article 65(1) of the Traditional Markets Act provides that “All or some of the merchants who directly operate a business in a market, etc. may autonomously establish a merchants’ association,” and Article 65(4) provides that “Merchants’ association may carry on the following business,” and subparagraph 5 of the same paragraph provides that “The merchants’ association may carry on the following business.”