1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff entered into a contract with the Seoul Metropolitan Government to be entrusted with the management and operation of the Seocho-gu Seoul Metropolitan Government KK located under B (hereinafter “instant commercial building”) (hereinafter “instant commercial building”) pursuant to Article 18 of the Seoul Metropolitan Government Ordinance on the Management of Underpasses shopping Districts (hereinafter “instant Ordinance”). The Defendant is a person who occupies the instant commercial building which is located in the location of 2.06m2 of the attached drawing indication 1, 2, 3, 4, and 1 in turn connected each point of 1, 22.06m2 (hereinafter “instant store”).

B. The main contents of the consignment contract between the Plaintiff and Seoul Special Metropolitan City and the instant ordinances are as follows.

The purpose of Article 1 (Purpose) of the Seoul Special Metropolitan City Contract for Underground Street Management Entrustment (hereinafter referred to as the "Seoul Metropolitan City") is to prescribe the matters necessary for entrusting the management and operation of the commercial building to the "Seoul Metropolitan Government" (hereinafter referred to as the "A").

Article 3 (Scope of Entrustment) "A" shall require "B" to implement the following matters (hereinafter referred to as "entrusted affairs"), and "B" shall be responsible for the overall enforcement of an objection (hereinafter referred to as "entrusted affairs"):

1. Matters concerning the management and operation of commercial buildings under Articles 4 through 17 of the Ordinance;

2. Performance of litigation affairs following the management and operation of commercial buildings;

7. Guidance and supervision of commercial buildings to the private sector;

8. Other matters concerning the duties of a manager prescribed by the Municipal Ordinance and matters deemed necessary and requested by the “A”, Article 12 (Guidance and Supervision) ① “A” may request the “B” to report in writing matters necessary for the performance of entrusted duties, and if the handling of entrusted duties by “B” is deemed to be in conflict with relevant Acts and subordinate statutes, the terms of the entrustment contract, etc. or to be unfair, it may request correction thereof, and “B” shall comply with it unless there is a justifiable reason

The Municipal Ordinance of this case shall be Article 2 (Definitions).