1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is rendered in accordance with Paragraph (1) of this Article.

1. Facts of recognition;

A. The Plaintiff was established on May 12, 2009 for the purpose of managing and operating the shopping mall of this case, which is the 7th underground floor and the 16th apartment building (hereinafter “D shopping mall”) located in the Jung-gu Seoul and 2 lots.

B. On April 22, 2011, the Plaintiff filed an application for registration of the establishment of a superstore with respect to the shopping mall in this case pursuant to the Distribution Industry Development Act, and received the Plaintiff’s superstore establishment registration certificate from the head of the Seoul Metropolitan Government, and on September 4, 2013, the head of the Seoul Metropolitan Government received the Plaintiff’s report from the operator of the superstore. The Plaintiff is in charge of the duties of imposing and collecting management fees of the shopping mall in this case and claiming management fees

C. The unpaid management expenses incurred by the Defendant, a sectional owner of E on the first floor of the shopping mall of this case (hereinafter “instant store”) from January 2014 to May 2016, 3,065,490, and the late payment charge of KRW 669,80,00, as of October 19, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The defendant's judgment on this safety defense shall provide a defense to the effect that the plaintiff has no right to claim management expenses, and that the plaintiff has no standing to be a party.

However, in a lawsuit for performance, a person who asserts that he/she is the person entitled to claim 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 claim performance or the person responsible to perform performance. Therefore, the defendant's defense

3. Determination on the cause of the claim

A. The Distribution Industry Development Act (hereinafter “Distribution Industry Development Act”) provides a general rule on the maintenance and management of a superstore to a superstore manager who is 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.