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. The Plaintiff was established around May 12, 2009 for the purpose of managing and operating the shopping mall "D (hereinafter "the shopping mall of this case") which is the 7th underground floor and the 16th apartment building in Jung-gu, Seoul.

The Plaintiff filed an application for the registration of the establishment of the shopping mall in this case pursuant to the Distribution Industry Development Act and received the registration certificate of the superstore from the head of the Jung-gu Seoul Metropolitan Government on April 22, 201, and on September 4, 2013, the head of the Gu accepted the Plaintiff’s report from the operator of the superstore, thereby dealing with the duties such as imposing and collecting management fees and claiming management fees for the unpaid operator of the shopping mall in this case as the qualifications of the operator

B. The defendant is a sectional owner of E-ho and F-ho store on the seventh floor of the shopping mall building of this case (hereinafter referred to as "the store of this case").

C. The Defendant did not pay 4,22,300 won in total of the management expenses and late payment fees regarding the instant store from January 2014 to May 2016 as indicated in the following table.

The sum of unpaid management fees in arrears of the number of houses 1,738, 390 won 2,111,150 won H 1,738,390 won 372,760 won 2,111,150 won 3,476,780 won 745,520 won 4,222,300 won 【No ground for recognition】 The fact that there is no dispute, Gap's 1 through 3 evidence (including Serial number; hereinafter the same shall apply), each statement of Gap's 1 through 3 evidence (including Serial number; hereinafter the same shall apply), the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. While the Distribution Industry Development Act grants general authority on the maintenance and management of a superstore to a superstore manager established by shop occupants who are not a management body under the Act on the Ownership and Management of Aggregate Buildings, which is naturally established by all sectional owners, the Distribution Industry Development Act provides that “matters related to sectional ownership” shall be governed by the provisions of the Act on the Ownership and Management of Aggregate Buildings, such as regulations established by a management body which is an organization of sectional owners or a resolution of a management body meeting.