1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a company established for the purpose of managing commercial facilities located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant commercial buildings”). The Selection C is the owner of No. 108, 24, 108, 109, 32, 109, 109, 108, 109, 36, 109, 109, 109, 109, 109, 31, 109, 109, 109, 109, 109, 34, 109, 109, 20

(hereinafter referred to as the “Defendant, etc.”) b. by referring to the Defendant and the designated parties.

On September 27, 1990, the Plaintiff obtained a market establishment permit for the instant commercial buildings in accordance with Article 6 of the former Wholesale and Retail Business Promotion Act (amended by Act No. 4889 of Jan. 5, 1995). On December 5, 1990, the Plaintiff was designated as a market manager from head of Nowon-gu pursuant to Article 7 (1) 1 of the same Act.

C. As the Distribution Industry Development Act was enacted by Act No. 5327 on April 10, 1997, the Plaintiff registered the opening of a superstore in accordance with Article 8 of the Distribution Industry Development Act to the head of Nowon-gu around December 31, 1998 and managed the instant commercial building.

However, G, etc., which is the shop occupants of the instant shopping mall, organized the “H business association” around June 2010, and established the I stock company on August 25, 2010 (hereinafter “Nonindicted Company”) and received management expenses from shop occupants, etc., separately from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 15, Eul evidence 1, 2 and 6 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion as to the instant claim is selected as follows.

(1) The Plaintiff has a legitimate right to manage the instant commercial building according to an agreement with the Defendant, etc., so the Defendant, etc. is obligated to pay the Plaintiff each overdue management service fee stated in the purport of the claim.

(2) even if any.