1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit is due to the succession.

1. Basic facts

A. On February 2002, 2002, the Schoolsan Co., Ltd. (hereinafter “Schoolsan”) constructed and sold a commercial building of the fourth and nine stories above ground (hereinafter “instant commercial building”). The instant commercial building was replaced by the name “D” around February 2004.

B. The D Management Body (hereinafter “instant Management Body”) was established at the time of the commencement of the sale of the instant commercial building and the salesroom occupants.

C. On February 2015, the Plaintiff entered into a private bus operation contract (hereinafter “instant contract”) with the section between F stores located in Dongdaemun-gu Seoul and set the transport fee at KRW 500,000 per month, which is the representative of the instant management body and the store owner operating in the instant commercial building, on a daily basis (excluding Saturdays and Sundays). The transport fee was changed to KRW 6 million per month.

The instant commercial building constitutes a superstore as prescribed by the Distribution Industry Development Act, and around December 15, 2014, the Defendant was designated as a superstore manager for the instant commercial building (hereinafter “the instant manager”), and was changed to the Intervenor on August 2, 2016.

E. On March 17, 2015, E, the representative of the instant management body, entered into a DNA transfer agreement (hereinafter “the instant agreement”) with respect to the acquisition and transfer of the management affairs of the instant commercial building by the Defendant, who was the manager of the instant management body, and Sam-gu C&C (hereinafter “Y”), which was the management company at the time, and the management company at the time. On March 17, 2015, the instant agreement provides that the representative of the management body and Sam-gu C&C shall transfer the instant commercial building management affairs to the Defendant by March 31, 2015, until March 31, 2015. “3.” The manager of the instant case: the claims and obligations duly acquired or borne by the management body in connection with the instant commercial building management affairs; and the instant management body.