The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (legal scenarios) is that the Defendant, as the president and acting director of the Cmarket Merchants Association (hereinafter “Merchants Association”), who is the management body of Gangnam-si, took full-time measures against the stores of victims who failed to pay management expenses according to the resolution of the special general meeting, and such act constitutes a justifiable act.

2. The Defendant also asserted the same purport in the lower court, and the lower court rejected the Defendant’s assertion on the following grounds: (a) the merchant association did not have the authority to collect management fees from the victims; and (b) it is difficult to deem that the merchant association had gone through the due process of a short-term measure.

The judgment of the court below is closely examined in comparison with the evidentiary materials, and the victim merchants did not delay the management expenses, etc. on the ground that they did not pay the management expenses, etc. on the ground that they did not have the status of management body under the Act on Ownership and Management of Condominium Buildings (here.g., the Act on Ownership and Management of Condominium Buildings), impose electricity fees at a price higher than the supply price, and pay the management expenses, such as water and electricity fees, on the ground that they unfairly object to the replacement of individual measuring instruments. The above ground alleged by the victim merchants is very important for not only the shop occupants but also the shop owners, and it is based on the management body rules established clearly by a resolution of not less than 3/4 of the management body meeting stipulated under the Act on Ownership and Management of Aggregate Buildings in order to enforce these contents to the shop members. According to the articles of association of the merchant's association submitted by the defendant, the merchant's association is only a member of the merchant's association, regardless of the ownership of D, and thus, the merchant's association "the" under the Act or its regulations.