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. Facts of recognition;

A. The Plaintiff was established around May 12, 2009 for the purpose of managing and operating the shopping mall (hereinafter “D shopping mall”) which is the 7th underground floor in Jung-gu Seoul and the 16th apartment building (hereinafter “D shopping mall”).

The Plaintiff filed an application 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 on September 4, 2013, upon receipt of the report from the head of the Jung-gu superstore manager, carries out the duties such as imposing and collecting management fees and claiming management fees for the unpaid operator of the shopping mall in this case.

B. The defendant is a sectional owner of No. 6238 on the sixth floor of the shopping mall building of this case (hereinafter referred to as "the store of this case").

C. The Defendant’s unpaid management fees from January 2014 to May 2016 are KRW 1,538,390, and late payment fees are KRW 303,040.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. Determination of the cause of claim 1) The Distribution Industry Development Act is the Act on Ownership and Management of Condominium Buildings, which is established automatically by all sectional owners, (hereinafter “Act on Ownership and Management of Condominium Buildings”).

While granting general authority on the maintenance and management of a superstore to a superstore manager established by a superstore manager who is not a management body under the Act on the Ownership and Management of a Large Store, the Act regulates the interests between the sectional owners and the occupant-merchants in the management of a superstore by requiring that the provisions of the Act on the Ownership and Management of Aggregate Buildings, such as regulations established by the management body which is the organization of sectional owners or the resolution of the meeting

Therefore, considering the legislative intent of the Distribution Industry Development Act and the relationship with the Aggregate Buildings Act, it is divided ownership that is excluded from the duties of the superstore manager.