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. The Plaintiff was established on May 12, 2009 for the purpose of managing and operating the shopping mall of this case, which is a 7th underground and 16th ground building located in Jung-gu Seoul Metropolitan Government (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 September 4, 2013, upon receipt of the report from the head of the Jung-gu superstore manager, the Plaintiff deals with the duties of imposing and collecting management fees of the shopping mall in this case as the qualifications

The defendant is the owner of the fifth floor of the shopping mall of this case, who was the owner of the fifth floor of the fifth floor of the shopping mall of this case.

The sum of the unpaid management expenses and late payment fees from September 2013 to July 2015 is KRW 3,767,520.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. As to the main safety defense, the defendant has no standing to sue in the absence of the right to collect management expenses against the plaintiff.

However, in a lawsuit for performance, a person who asserts that he/she is the person entitled to a claim for performance has standing to sue and has standing to be the defendant, and the plaintiff and the defendant do not require that he/she is the person entitled to a claim for performance or the person responsible for a performance. Therefore, the defendant's defense of principal safety

3. As to 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”).

While granting general authority on the maintenance and management of a superstore to a superstore manager established by shop occupants who are not the management body under the Act, it is "matters related to the separate ownership".