1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the Defendant (Appointed Party).

3...

1. Facts of recognition;

A. The Plaintiff is a party’s position 1) The Plaintiff is a part of a store among the 1st basement, the 1st basement, the 1st floor, the 2nd floor and the 3nd floor among the 8th floor above the 1st basement, Seo-gu, Busan and the 6th floor above the ground

(2) On October 15, 201, the Defendant and the designated parties established on October 28, 1989, registered the establishment of a merchants’ association in accordance with the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “ Traditional Markets Act”) and completed the registration of establishment on May 6, 201, by establishing a “D Market Merchants’ Association” (hereinafter “Merchant”) as an incorporated association established on March 2, 1984.

B. On August 14, 1979, the Plaintiff obtained a market establishment permit from the head of the Si/Gun/Gu in accordance with Article 4 of the former Market Act (wholly amended by Act No. 3537, Dec. 31, 1981). 2) The Plaintiff was issued a large store establishment registration certificate from the competent authority on November 18, 2004 pursuant to Article 8 of the Distribution Industry Development Act and Article 5(4) of the Enforcement Rule of the Distribution Industry Development Act.

3) The Plaintiff has collected management expenses from merchants who actually engage in the business while managing the D market. (c) Since the establishment of the management right disputes between the Plaintiff and the merchants' association, since the merchants' association may collect expenses incurred in the operation of the merchants' association and the implementation of its business pursuant to the Traditional Markets Act, the right to collect management expenses from the members of the merchants' association was also claimed by the merchants' association and demanded the Plaintiff to suspend the collection of management expenses from the members of the merchants' association. Accordingly, there was a dispute between the Plaintiff and the merchants' association on the reversion of the right to collect management expenses for the D market merchants. (1) The Defendant against the Plaintiff.