1. The Defendant shall pay to the Plaintiff KRW 27,938,470 as well as KRW 20,273,290 as to the Plaintiff from October 28, 2016 to the day of full payment.

Basic Facts

The plaintiff is a corporation established for the purpose of managing and operating the "F shopping mall (hereinafter "the shopping mall of this case")", which is the 7th underground floor and the 16th apartment building located in Jung-gu Seoul Metropolitan Government.

The plaintiff applied 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 from the head of the Jung-gu Seoul Metropolitan Government, and handle the duties such as imposing and collecting management fees of the shopping mall in this case and claiming management fees for the unpaid manager.

Of the five floors of the shopping mall in this case, the Defendant is a sectional owner of G heading, H heading, I, and J.

(hereinafter) The above 4 stores are without dispute (which is referred to as "the instant store"). 【No dispute exists, Gap evidence Nos. 1 and 2 (including the number with each number; hereinafter the same shall apply), Gap evidence Nos. 13, Gap evidence Nos. 18 through 23, and all of the arguments to the effect that the defendant does not have the right to collect management fees, and that the plaintiff does not have standing to sue.

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

The Distribution Industry Development Act, which imposes the authority to collect management expenses on the plaintiff's ground of the claim, grants general authority on the maintenance and management of a superstore to a superstore manager who is established by shop occupants, not a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings"), which is naturally established by all sectional owners.