1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Facts of recognition;

A. The Plaintiff’s status 1) The Plaintiff is the 7th underground floor located in Jung-gu Seoul Metropolitan Government and the 16th apartment building “D shopping mall” (hereinafter “instant shopping mall”).

(2) The Plaintiff applied for the establishment registration of the shopping mall in this case pursuant to the Distribution Industry Development Act, and received a superstore registration certificate from the head of Jung-gu Seoul Special Metropolitan City on April 22, 201, and on September 4, 2013, the head of the Gu received the Plaintiff’s report from the operator of the large-scale store on September 4, 201, thereby performing duties such as imposing and collecting management expenses and claiming management expenses for the unpaid operator of the shopping mall in this case as the qualification of the superstore manager from that time.

B. The Defendant is a sectional owner of the sixth floor E of the shopping mall of this case (hereinafter “instant store”).

C. From July 2013 to May 2016, the Defendant did not pay a total of KRW 2,642,760 (i.e., unpaid management expenses, KRW 2,091,180, the late payment charges of KRW 551,580).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3, 10, 31, 32, and 33, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the plaintiff, who is the superstore manager of the shopping mall of this case, the unpaid management expenses and late payment fees concerning the store of this case, unless there are special circumstances.

I would like to say.

3. Judgment on the defendant's assertion

A. As to the assertion that the Plaintiff did not have the right to collect management expenses, the Defendant is not a management body of the shopping mall of this case, and the Plaintiff’s registration of the superstore manager is null and void because it does not meet the requirements under the provisions of the Distribution Industry Development Act, and thus, the Plaintiff does not have the right to collect management expenses. 2) We look at the case, and the Distribution Industry Development Act is established as all sectional owners