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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. Basic facts
A. The Plaintiff is a merchants’ association composed of merchants in Yeongdeungpo-gu Seoul Metropolitan City A market (hereinafter “instant market”). On March 19, 2018, the Plaintiff completed the registration of the merchants’ association under Article 65(3) of the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “ Traditional Markets Act”) and Article 12(7) of the Enforcement Rule of the same Act.
B. The Defendant is the owner of the store in the instant market.
C. On March 23, 2018, the Plaintiff demanded the Defendant to pay the total amount of KRW 8,335,555 won for management expenses by March 23, 2018, sent the “detailed details on the default of management expenses” as of March 12, 2018 by content-certified mail.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's summary of the plaintiff's assertion is a merchants' association under the Traditional Markets Act and manages the electricity, water, cleaning, repair expenses, etc. generated from the stores in the market of this case, and manages the market of this case, which is a common building. Since the defendant acquired the ownership of the store in the market of this case as a matter of course, he is obligated to pay to the plaintiff the fees for delinquent management for the store owned by the defendant in this case and the damages for delay thereof. If the plaintiff does not have the right to collect management expenses for the defendant, the plaintiff is not obligated to manage the store in this case, but has the duty to pay the electricity and water, cleaning expenses, repair expenses, etc. for the defendant.
B. Determination 1 against the Defendant