1. The Defendant’s annual interest in KRW 5,198,780 and KRW 4,726,170 among the Plaintiff, from December 28, 2017 to October 16, 2018.

1. Basic facts

A. As prescribed by Article 12(2)2 (d) of the Distribution Industry Development Act, the Plaintiff obtained the consent of at least 1/2 of shop occupants of the Jung-gu Seoul Metropolitan Government, an aggregate building under the Act on the Ownership and Management of Aggregate Buildings, to designate a superstore manager, and obtained confirmation from the head of Seoul Central District Office on May 4, 2017, and completed the registration of incorporation under the Commercial Act on May 31, 2017.

B. The defendant is the lessee of the D Building E.

From May 1, 2017 to February 2018 when the Plaintiff acquired the status of superstore manager, the Defendant’s unpaid management expenses are KRW 4,726,170 as of August 14, 2018 and KRW 472,610 as of February 14, 2018 and late payment charges for five months from February 2018 to June 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9 (including paper numbers), the purport of the whole pleadings

2. In light of the legislative purpose and purport of the Distribution Industry Development Act to promote the establishment of commercial transaction order and consumer protection through the efficient and uniform maintenance and management of a superstore, it is reasonable to deem that the authority to impose and collect management fees and collection charges, which have been held by the management body, should be lost from that time, in cases where the large-scale store manager, who is an aggregate building under the Act on the Ownership and Management of Aggregate Buildings, has been duly established and completed procedures for filing a report, etc., while the management body performs the duties of maintaining and managing the building, including the duties of imposing and collecting management fees.

However, there is no legal basis to interpret that the management body naturally transfers management expenses, claims, and large-scale store managers acquired by performing the management duties of the large-scale store before the establishment and report of the large-scale store manager. Thus, such management expenses claims shall be reverted to the management body even after the large-scale store manager newly acquires the right to impose and collect management expenses,