1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. The relationship between the parties (1) C Co., Ltd. was established on February 3, 1954 for the purpose of managing and operating the Seoul DD market and on August 23, 2012, designated as a market manager pursuant to Article 67(1) of the former Special Act on the Development of Traditional Markets and Shopping Districts (amended by Act No. 11690, Mar. 23, 2013; hereinafter “ Traditional Markets Act”).

(2) The Dmarket merchants' association consists of merchants operating in D market. On November 20, 2012, the Dmarket merchants' association completed the registration with the Jung-gu Seoul Metropolitan Government Office pursuant to Article 65(3) of the Traditional Markets Act, and delegated C Co., Ltd. with the duties of managing and operating D market (general management and cleaning management).

(3) A shop A in Jung-gu Seoul Metropolitan City (hereinafter “instant building”) located within the D market has a merchants’ association composed solely of the merchants of the pertinent floor on each floor. The Plaintiff is a merchants’ association composed of the merchants of the stores operating in the first floor (hereinafter “instant commercial building”) among the instant building, which is a branch association of the D market, and C corporation delegates the Plaintiff the right to manage the instant commercial building and to collect the management expenses thereof on September 1, 2012.

On the other hand, H is an organization composed of props of the building of this case.

(4) The Defendant is a merchant operating a store under the trade name of “I” in 1-1, 2, and 3 of the instant commercial building.

B. The Plaintiff’s bylaws amended on April 3, 2014 (hereinafter “instant bylaws”) pertaining to the instant case are as follows.

Article 4 [Jurisdiction] The district under the jurisdiction of the plenary session shall carry out the following affairs in order to achieve the purpose of Article 3: Article 5 [Business] to the first floor of Jung-gu Seoul Metropolitan Government Jung-gu Seoul Metropolitan Government:

5) The qualifications of the plenary session for the guard, fire prevention, sanitation, U.S. dollars, etc. of commercial buildings shall be within the jurisdiction of the plenary session.