1. Revocation of the first instance judgment.

2. The Defendant’s KRW 2,029,650 among the Plaintiff and KRW 1,67,890 among them, on January 17, 2017.

1. Basic facts

A. The Plaintiff’s status 1) The Plaintiff is a “D shopping mall” located in Jung-gu Seoul Metropolitan Government, Jung-gu (hereinafter “instant shopping mall”).

(2) On April 22, 2011, the Plaintiff filed an application for registration of the opening of a superstore with respect to the shopping mall of this case pursuant to the Distribution Industry Development Act, and received a superstore registration certificate from the head of the Seoul Metropolitan Government. On September 4, 2013, the head of the Gu received the Plaintiff’s report from the operator of the superstore, thereby performing duties such as imposing and collecting management fees and claiming management fees for the unpaid manager of the shopping mall of this case as the qualifications of the operator of the superstore from around that time.

B. The defendant's status and current status of management expenses for unpaid shopping mall No. 6050 (hereinafter "the store of this case") of this case

2) The Defendant’s unpaid management expenses from January 2014 to May 2016 are the principal amounting to KRW 1,677,890 and overdue interest amounting to KRW 2,029,650 in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff claimed management expenses for the defendant as the qualification of superstore manager of the shopping mall of this case. The defendant asserted that the defendant does not have the right to collect management expenses for the plaintiff who is not the management body of the shopping mall of this case. Therefore, this is examined.

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

While granting general authority on the maintenance and management of a superstore to a superstore manager established by a superstore manager who is not a management body under the Act on the Ownership and Management of Aggregate Buildings, 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 resolution of the meeting of a management body.