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. Basic facts

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”). The Defendant is a sectional owner holding No. 4393 (hereinafter “instant store”) among the shopping mall of this case.

B. The part related to the instant case among the management body rules enacted on January 30, 2009 by sectional owners of the shopping mall of this case (hereinafter “instant rules”) is as follows.

Article 3 Definitions

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

10. Managing body: A person in whose case the custodian and the custodian manage the shopping mall by himself or by entrusting the management of the building; 13. The term "Steering Committee" means a deliberative body composed of members in order to deliberate on all management businesses delegated by the managing body's meeting or implemented under this rule;

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 details thereof to sectional owners, lessees, etc. along with the notice, and the sectional owners, lessees, etc. shall pay them by the payment date notified by the manager;

2. With respect to the delinquent amount of the management expenses that are sixty days after the due date for payment, 10% overdue shall be imposed on the sectional owners, lessees, etc. who have failed to pay the management expenses, and 20% per annum for the delinquent amount of the management expenses after the due date for payment.