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 for the purpose of managing and operating the Seoul DD market on February 3, 1954, and was 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”) with respect to the E and D Markets (hereinafter “D Markets”).

(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) On each floor, a merchant's association consisting of only the merchants of the pertinent floor for each floor (hereinafter "the instant building") located in the Seoul Jung-gu, Seoul. The Plaintiff is a merchant's association consisting of the merchants of the stores operating in the first floor (hereinafter "the instant commercial building"), among the instant building, which is a branch of the D market merchants' association, and C Co., Ltd delegated the Plaintiff with the authority to manage the instant commercial building and to collect the management expenses.

On the other hand, corporation G 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 “H” in subparagraphs 10 and 11 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 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 the F Cdong, Jung-gu, Seoul Metropolitan Government:

5) The qualifications of the plenary session for the guard, fire prevention, sanitation, US dollars, etc. of commercial buildings shall be registered within the area under its jurisdiction.