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. Facts of recognition;

A. A market with a size of 12,385 square meters in Gangseo-gu Seoul Metropolitan Government is a traditional market recognized by the head of Gangseo-gu Seoul Metropolitan Government as a traditional market under the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “ Traditional Markets Act”), and falls under a superstore under the Distribution Industry Development Act. The Plaintiff is a business cooperative under the Small and Medium Enterprise Cooperatives Act established on April 28, 2004 by whose members are not less than 2/3 of salesroom occupants.

B. The Defendant is a person who operates a store under the trade name of “Dart” and “E” in the A market.

The Defendant did not pay KRW 2,50,000 (Dmat 1,050,000, E1,450,000) in aggregate of management expenses for the operation of common facilities, such as customer satisfaction centers, parking lot operation expenses, and public toilets, from July 2013 to November 2016.

[Ground of recognition] Each entry of Gap 1 through 10 (including paper numbers) and the purport of the whole pleadings.

2. The plaintiff asserts that the defendant is not obligated to pay management expenses because the defendant was expelled from the plaintiff's member, and the plaintiff is not authorized to collect management expenses.

3. Determination

(a) A business cooperative established with the agreement of not less than 2/3 of saleroom occupants under the Small and Medium Enterprise Cooperatives Act may carry out the business necessary for maintaining and managing a superstore, etc.;

(Article 67 of the Traditional Markets Act and Article 12 of the Distribution Industry Development Act. The duties of the superstore manager impose and collect management expenses, which are the expenses for the maintenance and management of a superstore, from the sectional owners of a superstore or the merchants operating a superstore by leasing it from them, shall not be “matters related to the separate ownership” which conflict with the rights of the store owners or are likely to infringe on the ownership of sectional owners, but rather establish commercial order through the operation of a superstore and the use of the common facilities.