1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The defendant is an organization organized by merchants who directly operate a business by leasing a store in the aggregate building B, which is an aggregate building in Jongno-gu Seoul Metropolitan Government, or directly operate a building owner, for the promotion of friendship among members and the development of commercial buildings, etc., and the plaintiff is a person who is operating the above B's 3rd M 3rd Ma 324 E.

B. The defendant, on the ground that the plaintiff did not pay management expenses, for 22 days from December 2, 2010 to January 23, 201, as to the above 324, which is the store operated by the plaintiff, and for the same year from January 13, 201.

3. Until May 5, 2000, 51 days was closed on two occasions (the end of this case).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 9, 10, 12 through 15, Eul evidence 1, 3 through 6, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant is a simple friendship group consisting of only the lessees in B, and there is no right to close the B shop.

Therefore, the part of the instant case committed by the Defendant constitutes a tort. Accordingly, the Plaintiff sustained damages of KRW 19,534,727 in total, and KRW 9,00,00 in sales reduction for three years based on the short term, KRW 5,000 in sales reduction for three years based on the short term, and KRW 33,534,727 in total.

The defendant shall be liable to compensate for this.

B. The defendant's argument is that the defendant has the nature of management body as a body of the tenant or store owner of B, who directly operates the business.

The part of the instant case cannot be viewed as a tort committed in accordance with the procedures prescribed by the rules of the Association.

Even if it constitutes a tort, the right to claim damages due to the tort has expired if it is not exercised for 3 years, and the prescription period has expired since the lawsuit in this case was filed 3 years from the day before the termination.

3. Determination on the statute of limitations defense

A. A claim for damages on the ground of tort as to the expiration of the extinctive prescription is damage and damage.