1. The part against the plaintiff regarding the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Facts of recognition;

A. The Plaintiff’s status 1) The Plaintiff is the 7th underground floor located in Jung-gu Seoul Metropolitan Government and the 16th apartment building “D shopping mall” (hereinafter “instant shopping mall”).

(2) The Plaintiff applied for the establishment registration of the shopping mall in this case pursuant to the Distribution Industry Development Act, and received a superstore registration certificate from the head of Jung-gu Seoul Special Metropolitan City on April 22, 201, and on September 4, 2013, the head of the Gu received the Plaintiff’s report from the operator of the large-scale store on September 4, 201, thereby performing duties such as imposing and collecting management expenses and claiming management expenses for the unpaid operator of the shopping mall in this case as the qualification of the superstore manager from that time.

B. The Defendant is a sectional owner of the seventh floor E and F of the shopping mall of this case (hereinafter “instant store”).

C. From January 2014 to May 2016, the Defendant did not pay a total of KRW 4,222,300 (i.e., unpaid management expenses, KRW 3,476,780, late payment charges of KRW 745,520).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the plaintiff, who is the superstore manager of the shopping mall of this case, the unpaid management expenses and late payment fees concerning the store of this case, unless there are special circumstances.

I would like to say.

3. Judgment on the defendant's assertion

A. As to the assertion that the Plaintiff failed to use and benefit from the instant store due to the Plaintiff’s illegal closure, the Defendant took illegal closure measures, such as controlling access to the seven-story where the instant store is located and suspending the supply of electricity, contrary to the intention of the sectional owners, in the process of promoting organization occupants on the five, six, and seven-storys of the shopping mall of this case. Accordingly, the Defendant is legitimate.