1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff is a superstore manager established pursuant to Article 12 of the Distribution Industry Development Act with respect to the shopping mall of this case, which is a building of 7th underground and 16th ground located in Jung-gu Seoul Metropolitan Government (hereinafter “D shopping mall”), and the Defendant is a sectional owner holding No. 4106 of the fourth floor among the shopping mall of this case (hereinafter “instant store”).

B. On February 21, 2009, the owner of the shopping mall of this case convened a management body meeting for all sectional owners pursuant to the Act on the Management and Ownership of Aggregate Buildings and enacted the management body rules (hereinafter “instant regulations”). The parts relating to this case in the said regulations are as follows.

Article 3 Definitions

1. Managing body: an organization of sectional owners organized for the purpose of carrying out projects relating to the management and operation of the D shopping mall and its sites and annexed facilities;

10. Managing body: A subject for which the custodian and the custodian manage the shopping mall by himself or by entrusting the management of the shopping mall;

Article 41 Function of Operating Committee

1. Matters concerning the basic policy for the management of buildings and the operation of commercial buildings; 10. Other matters necessary for the management of buildings and matters concerning joint business activities and development, Article 52 management fees for sectional owners shall be liable to pay taxes, public charges, and management expenses, etc.

1. The manager shall calculate the management expenses from the first day of each month to the end of each store according to the ratio of the contract area and the quantity used, notify the sectional owners, lessees, etc. of the details thereof along with the notice, and the sectional owners, lessees, etc. shall pay them by the payment designated by the

2. A sectional owner or lessee, etc. who fails to pay management expenses;