1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The structure of the C building and the position of the parties (1) are the aggregate buildings of the 6th underground and the 15th underground floors, among which (1) the parking lots and machinery rooms of the 6th underground to the 3rd underground floors, (2) the 2nd underground to the 1st underground, (3) the commercial buildings and the parking lots of the 6th underground floors, (4) the 2nd and the 6th underground floors, (2) the 2nd to the 6th above ground, (3) the 7nd and the 8th above ground are neighborhood living facilities, (5) the 9th and the 10th above ground are used as the office of the defendant), and (6) the 11st to the 15th above ground.

(2) The Plaintiff is a management body comprised of sectional owners in building C in accordance with the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

(3) Around November 2, 2000, the Defendant: (a) Articles 13(1) and (2) and 13(a) of the former Distribution Industry Development Act (wholly amended by Act No. 6959, Jul. 30, 2003; hereinafter “former Distribution Industry Development Act”); (b) The business of superstore operators are as follows:

1. Establishment of commercial transaction order;

2. Protection of consumers and increase in conveniences;

3. The business prescribed by Presidential Decree as necessary for the maintenance and management of a superstore. (2) Notwithstanding the provisions of paragraph (1), where a person directly manages at least half of the area of a superstore, such person shall carry out the business referred to in each subparagraph of paragraph (1), and where no person directly manages at least half the area of a superstore, any of the following persons shall carry out the business referred to in each subparagraph of paragraph (1):

1. The former Enforcement Rule of the Distribution Industry Development Act (wholly amended by Ordinance No. 236 of Jun. 22, 2004; hereinafter “former Enforcement Rule of the Distribution Industry Development Act”) established with the agreement of two-thirds or more of the saleroom occupants (referring to a person who operates stores in the relevant large store; hereinafter the same shall apply in this Article) and the former Enforcement Rule of the Distribution Industry Development Act under the Civil Act.