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 superstore from the head of the Jung-gu Seoul Metropolitan Government on April 22, 201, and on September 4, 2013, the head of the Gu accepted the Plaintiff’s report from the operator of the superstore, thereby dealing with the duties such as imposing and collecting management fees and claiming management fees for the unpaid operator of the shopping mall in this case as the qualifications of the operator

B. The defendant is a sectional owner of the E-ho and F-ho store on the sixth floor of the shopping mall building of this case (hereinafter referred to as "the store of this case").

C. The Defendant did not pay the total amount of KRW 4,56,280 for the management expenses and late payment fees related to the instant store from November 2013 to May 2016 as indicated in the following table.

The fact that the sum of the unpaid management fees in arrears in the unit E 1,851,760 won 426,380 won 2,278,140 won 1,851,760 won 426,380 won 2,278,140 won 3,703,520 won 852,760 won 4,556,280 won 4,56,280 won 1,851,760

2. Determination on the cause of the claim

A. While the Distribution Industry Development Act grants general authority on the maintenance and management of a superstore to a superstore manager established by shop occupants who are not a management body under the Act on the Ownership and Management of Aggregate Buildings, which is naturally established by all sectional owners, the Distribution Industry Development Act provides that “matters related to sectional ownership” shall be governed by the provisions of the Act on the Ownership and Management of Aggregate Buildings, such as regulations established by a management body which is a sectional owner’s organization or a resolution of a management body meeting.