1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim against the above cancellation portion is dismissed.

3...

1. Basic facts

A. The Plaintiff is an aggregate building consisting of one underground floor in Gwanak-gu in Seoul Special Metropolitan City and 292 stores in total, a store owner or a management owner in the A market, which is an aggregate building.

B. The Defendant operated a business with the trade name “E” at A market basement D (hereinafter “instant store”).

[Ground of recognition] A without dispute, entry of evidence No. 8, purport of the whole pleadings

2. The defendant asserts to the effect that the lawsuit in this case is unlawful because F of the plaintiff's extraordinary chief commissioner F does not have the power of representation concerning the imposition and collection of management expenses.

In full view of the purport of the entire argument in the statement No. 5, the plaintiff's 40 members filed an application for appointment of a temporary meeting room under Article 63 of the Civil Act with the Seoul Central District Court 2017Bhap16, which asserted that there is no legitimate elected chairperson, and that there is a concern that the damage to the plaintiff would be caused to the plaintiff. Accordingly, the above court made a decision to appoint a F as a temporary meeting room of the plaintiff on April 5, 2017, and the above decision became final and conclusive through the appellate court (Seoul High Court 2018Ra20402). Thus, since the appeal court (Seoul High Court 2018Ra20402), F may bring the lawsuit of this case as a legitimate representative of

3. Judgment on the merits

A. The Plaintiff’s assertion asserts that the Defendant should pay to the Plaintiff the management fees that the Plaintiff imposed on the Defendant with respect to the instant store and the mechanical room from December 2, 2014 to September 2016, and KRW 1,680,50 as the Defendant is among the management fees that the Plaintiff imposed on the Defendant with respect to the instant store and the management fees that the Defendant paid to G, and KRW 1,680,50 as the Defendant and the delay damages therefor.

B. In order for the Plaintiff to claim management expenses for the store store in this case against the Defendant, the management authority is to impose and collect management expenses on the shop occupants in the A market.