관리비
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. In fact, the Plaintiff was established for the purpose of managing and operating the shopping mall in Jung-gu, Seoul and the 16th aggregate building (hereinafter “A”) of the ground.
The plaintiff applied for the registration of the establishment of the shopping mall in this case pursuant to the Distribution Industry Development Act and received the registration certificate from the head of the Jung-gu Seoul Metropolitan Government, and handle the duties such as imposing and collecting management fees of the shopping mall in this case and claiming management fees for the unpaid manager.
The defendant is a sectional owner of the store No. 5028, No. 5029, No. 5343, and No. 5344 (hereinafter referred to as "the store of this case") located on the fifth floor of the shopping mall building of this case.
[Ground of recognition] Each entry of Gap evidence Nos. 1 and 2 (each number includes numbers; hereinafter the same shall apply) and the purport of the whole pleading
2. The defendant's judgment on the main safety defense shall provide the plaintiff with the main safety defense that the plaintiff has no standing to sue because he/she has no right to collect management expenses.
However, in a lawsuit for performance, a person who asserts that he/she is the person entitled to exercise the standing to sue and has the standing to be the defendant, and the original defendant does not require that he/she is the person entitled to exercise the standing to sue or is the person responsible to perform the obligation. Therefore, the defendant's main defense of safety
3. Judgment on the cause of the claim
A. The Distribution Industry Development Act, with the authority to collect management fees by the Plaintiff, grants general authority on the maintenance and management of a superstore to a superstore manager established by shop occupants who are not a management body under the Act on the Ownership and Management of Aggregate Buildings which is established automatically by all sectional owners (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), but with respect to “matters related to sectional ownership”, the regulations established by a management body which is a sectional owner’s organization or resolution of a management body