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. Basic facts

A. 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 “E 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

B. The Defendant is a sectional owner of the sixth-story shopping mall No. 6491 (hereinafter “instant store”).

C. The Defendant’s unpaid management fees from January 2014 to May 2016 are KRW 1,620,240, and late payment fees are KRW 358,130.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination as to the cause of action

A. While the Distribution Industry Development Act grants general authority on the maintenance and management of a superstore to a superstore manager that is established by shop occupants who are not a management body under the Act on the Ownership and Management of Aggregate Buildings, which is established automatically by all sectional owners (hereinafter “the Act”), the Distribution Industry Development Act regulates interests between the sectional owners and the shop occupants in the management of a superstore by ensuring that “matters relating to sectional ownership” are governed by the provisions of the Act on the Ownership and Management of Aggregate Buildings, such as regulations established by a management body which is the organization of sectional owners or resolution of the management body meeting

Therefore, considering the legislative purport of the Distribution Industry Development Act and the relationship with the Aggregate Buildings Act, the "matters related to the separate ownership" that is excluded from the duties of the superstore manager is the maintenance and management of superstores.