1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. The Plaintiff was established around May 12, 2009 for the purpose of managing and operating the shopping mall (hereinafter “D shopping mall”) which is the 7th underground floor in Jung-gu Seoul and the 16th apartment building (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 the registration certificate of the establishment of the superstore from the head of the Jung-gu Seoul Metropolitan Government on April 22, 201, and received the report from the head of the Jung-gu Seoul Metropolitan Government on September 4, 2013, and process the duties of imposing and collecting the management fees of the shopping mall in this case as the qualification of the superstore manager and claiming the management fees

B. The defendant is a sectional owner of the store No. 6045 and No. 6046 located on the sixth floor of the shopping mall building of this case (hereinafter "the store of this case").

C. The Defendant’s unpaid management fees from February 2, 2013 to July 2015 are KRW 3,514,860, and late payment fees are KRW 840,400.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. The defendant's judgment on the main safety defense shall provide the plaintiff with the main safety defense that the plaintiff has no standing to sue because he/she has no right to collect management expenses.

However, in a lawsuit for performance, a person who asserts that he/she is the person entitled to exercise the standing to sue and has the standing to be the defendant, and the original defendant does not require that he/she is the person entitled to exercise the standing to sue or is the person responsible to perform the obligation. Therefore, the defendant's main defense of safety

3. Judgment on the merits

A. Determination of the cause of claim 1) The Distribution Industry Development Act is the Act on Ownership and Management of Condominium Buildings, which is established automatically by all sectional owners, (hereinafter “Act on Ownership and Management of Condominium Buildings”).

A superstore manager which is established by shop occupants who are not the management body of the public.