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. Basic facts

A. The Plaintiff was established around May 12, 2009 for the purpose of managing and operating the shopping mall of this case, which is a 7th underground and 16th ground building located in Jung-gu Seoul Metropolitan Government (hereinafter “D shopping mall”).

The plaintiff applied 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 from the head of the Jung-gu Seoul Metropolitan Government, and handle the duties such as imposing and collecting management fees of the shopping mall in this case and claiming management fees for the unpaid manager.

B. The Defendant is a sectional owner of the seventh floor No. 7247 and 7248 (hereinafter “instant store”).

C. The Defendant’s unpaid management fees from January 2014 to May 2016 are KRW 3,476,780 in total and KRW 745,520 in total.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including each number), the purport of the whole pleadings

2. The defendant's judgment on the defense prior to the merits is based on the ground that no management entrustment agreement exists and there is no right to collect management expenses from the plaintiff, and that there is no standing to sue.

However, in a lawsuit for performance, a person who asserts that he/she is the person entitled to exercise the standing to sue and has the standing to be the defendant, and the plaintiff and the defendant do not need to be the person in charge of performance or the person in charge of performance (see, e.g., Supreme Court Decisions 75Da1676, Aug. 23, 197; 94Da14797, Jun. 14, 1994). The defendant's prior defense on the merits is without merit.

3. Judgment on the merits

A. (1) The Distribution Industry Development Act is the Act on Ownership and Management of Condominium Buildings, which is established automatically by all sectional owners (hereinafter “Act on Ownership and Management of Condominium Buildings”).

The maintenance and management of superstores shall be made to the superstore manager established by occupant-merchants who are not the management body in the field.