1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Facts of recognition

The Plaintiff is an incorporated association established for the purpose of promoting projects for the common interests of the A commercial buildings in Seo-gu Daejeon (hereinafter “instant commercial buildings”) and various projects for the prosperity and development of the commercial buildings. From December 6, 2003 to December 341, 2003, the Defendant is operating a restaurant with the trade name “D” as “D.”

Since the establishment of the Plaintiff, the Defendant sent a content-certified mail to the effect that the Plaintiff would withdraw from the Plaintiff around March 12, 2013.

[Grounds for recognition] Facts without dispute, Gap's evidence Nos. 2, 3, 4, 9, and Eul evidence Nos. 1 (including serial numbers; hereinafter the same shall apply), the purport of the entire pleadings, and the plaintiff's assertion by the plaintiff, as the defendant is the plaintiff's member, and thus, the defendant is obligated to pay a total of KRW 90,000,000 monthly operating fees and advertising expenses from March 2013.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 2,081,130,000, including the operating fees and advertising fees from March 2013 to October 2014.

Even if the defendant is not the plaintiff's member, the defendant has a duty to return the profits to the defendant as unjust enrichment because he has seen profits through the advertisement and events conducted by the plaintiff in relation to the commercial building of this case

The defendant's summary of the defendant's assertion was notified of withdrawal from the plaintiff on or around March 12, 2013, and there is no obligation to pay the operating fees and advertising fees.

In addition, although the defendant participated in the plaintiff's ordinary meeting and cukphone events, it is merely limited to the saleroom occupants of the commercial building of this case who are not the plaintiff's member.

With respect to the claim for operating membership fees and advertising fees, a member of an incorporated association may withdraw from the market at any time by unilateral declaration of intention. As seen earlier, the defendant expressed his/her intention to withdraw from the market on or before March 12, 2013.