1.The judgment of the first instance shall be modified as follows:

Attached Form to the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1.The following facts of recognition may be found either in dispute between the parties or in combination with the whole purport of the pleadings in Gap evidence Nos. 1 and 2 (including the Serial number; hereinafter the same shall apply) and Eul evidence No. 1:

The Defendant is an organization organized to promote friendship and interests of shop occupants listed in the attached list (hereinafter “instant shopping mall”). The Plaintiff is a person who operates the instant shopping mall with the trade name of “Canyeong Contact” as referred to in subparagraphs 9 through 14 of the first floor containing 10 and 13 of the instant shopping mall (hereinafter “instant store”).

B. On March 7, 2007, the Defendant concluded a real estate use agreement (hereinafter “instant use agreement”) between March 1, 2007 and March 1, 2008 with respect to each of the instant stores, which are owned by Pungsan Comprehensive Construction Co., Ltd. (hereinafter “Pungsan Comprehensive Construction”), a company that newly built and sold the instant commercial building between the Plaintiff and the Plaintiff, with a certain amount of fees from the users of the store, who did not manage the instant commercial building. The Defendant entered into a real estate use agreement (hereinafter “instant use agreement”) with respect to each of the instant stores, which is owned by Pungsan Comprehensive Construction Co., Ltd. (hereinafter “Pung integrated Construction”), from March 1, 2007 to March 1, 2008.

C. The Plaintiff did not pay the Defendant the usage fee from April 2007 to the date of the conclusion of the instant usage contract.

2. The parties' assertion

A. The plaintiff's assertion asserts that the defendant does not bear the obligation to pay the store user fee under the use contract of this case for the following reasons.

1) Since each of the instant stores is not the common use area of the instant commercial building, but the integrated construction of scenic mountain, the Defendant is not entitled to collect the store user fee from the Plaintiff. 2) The Defendant is entitled to collect the store user fee.