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. Basic facts

A. The Plaintiff was established around May 12, 2009 for the purpose of managing and operating the shopping mall of this case, which is a 7th underground and 16th ground building located in Jung-gu Seoul Metropolitan Government (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 a superstore establishment registration certificate from the head of Jung-gu Seoul Metropolitan Government on April 22, 2011. The Plaintiff is in charge of imposing and collecting management expenses and claiming management expenses for the unpaid shopping mall in this case under the qualification of the superstore manager.

B. The Defendant is a co-owner of the instant store No. 1132 and No. 1133 (hereinafter “instant store”).

C. The Defendant’s total sum of unpaid management expenses and late payment fees from November 2012 to October 2015 is KRW 10,570,520 at present.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 9 (including each number), the purport of the whole pleadings

2. The defendant's judgment on the main defense to the effect that the plaintiff does not have standing to sue because he did not have the right to collect management expenses.

However, in a lawsuit for performance, a person who asserts that he/she is a person entitled to a claim for performance has standing to sue and has standing to be the defendant, and the plaintiff and the defendant do not require that he/she is a person entitled to a claim for performance

(See Supreme Court Decision 75Da1676 delivered on August 23, 197, and Supreme Court Decision 94Da14797 delivered on June 14, 1994, etc.). Accordingly, the Defendant’s defense of principal safety is without merit.

3. The Distribution Industry Development Act, based on the cause of the claim, grants general authority on the maintenance and management of a superstore to a superstore manager who is not a management body under the Act on the Ownership and Management of Aggregate Buildings which is established automatically by all sectional owners (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), but is related to the separate ownership.