1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. The Plaintiff is an aggregate building consisting of one underground floor in Gwanak-gu in Seoul Special Metropolitan City and 292 stores in total, a store owner or a management owner in the A market, which is an aggregate building.

B. The Defendant is running a business with the trade name “F” at a A market basement D and E store (hereinafter “instant store”).

[Ground of recognition] Unsatisfy, Gap evidence No. 13, the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The defendant asserts to the effect that the lawsuit in this case is unlawful because the plaintiff's extraordinary president G does not have the power to represent the business imposing and collecting management fees of the plaintiff.

B. In full view of the purport of the entire argument in Gap evidence No. 2, the plaintiff's 40 members filed an application for appointment of a temporary meeting place under Article 63 of the Civil Act with the Seoul Central District Court 2017Bhap16, stating that there is no legally elected chairperson, and that there is no possibility that the plaintiff may incur damage to the plaintiff. Accordingly, the above court made a decision to appoint G as a temporary meeting place on April 5, 2017, and the appeal court (Seoul High Court 2018Ra20402) confirmed that the above decision became final and conclusive through the appeal court (Seoul High Court 2018Ra20402). As such, G may bring the lawsuit of this case as a legitimate representative of the plaintiff, and

3. Determination as to the cause of action

A. The Plaintiff’s assertion asserts that the Defendant should pay KRW 4,983,700 to the Plaintiff with respect to the instant store from December 2, 2014 to November 2017.

B. (1) In order to claim management expenses for the store of this case against the Defendant, the Plaintiff should have the management authority to impose and collect management expenses on the shop occupants in the A market.

(2) However, the evidence submitted by the Plaintiff alone is stipulated in Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings.