1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an organization that is engaged in the management of the D market, which is an aggregate building consisting of a total of 292 stores of the first and second floor underground in Gwanak-gu in Seoul Special Metropolitan City.

B. The Defendant is running the business of selling educational equipment and materials at the basement E, F, andG stores (hereinafter “instant stores”) in the D market.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 4, and the purport of whole pleading

2. The defendant's assertion that the plaintiff's representative H does not have the power of representation on the ground that he does not have a power of representation on the ground that he does not have a power of representation on the ground that he does not have a power of representation on the ground that he does not have a power of representation on the part of the articles of incorporation, even though he reported to the head

According to the evidence Nos. 4 and 21, and evidence Nos. 6, 4 and 6, 40 members of the Plaintiff asserted that there is no legitimate elected chairperson, and thus, the Plaintiff may incur damage to the Plaintiff. The above court applied for the appointment of a special meeting chief under Article 63 of the Civil Act as Seoul Central District Court 2017B and 16. The court rendered a decision on April 5, 2017 to appoint He as the Plaintiff’s temporary meeting chief. The Defendant appealed with Seoul High Court 2018Ra20402 but the appeal was dismissed, and the above decision became final and conclusive. H is a legitimate representative of the Plaintiff.

In addition, the requirement, such as the consent of the shop occupants asserted by the defendant, is only the requirement to obtain the qualification of the superstore manager under the Distribution Industry Development Act, and it does not meet this requirement, and it does not affect the H’s power of representation that the court appoints as the temporary meeting site.

Therefore, the defendant's defense prior to the merits is without merit.

3. Determination on the cause of the claim

A. The plaintiff's assertion as to the cause of the claim is that the defendant carries on the business with the store of this case located in the D market.