A. The Plaintiff is a person who operates a music private teaching institute by leasing subparagraph D (hereinafter “instant shopping district”) of the Dong-gu Incheon Metropolitan City B shopping district, and the Defendant is a management body of the said shopping district Cdong (hereinafter “instant condominium”) which is an aggregate building.

B. On January 29, 2018, the water pipe (hereinafter “instant pipe”) that passed above the ceiling of the instant commercial building led to the occurrence of an accident in which water is accumulated as low as water in the instant commercial building (hereinafter “instant accident”).

【Grounds for Recognition】 The descriptions and images of evidence Nos. 1 through 6, 22, and 23, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion falls under the section for common use.

Therefore, the Defendant, as a managing body of the instant aggregate building, is liable to compensate the Plaintiff for the damages incurred by the Plaintiff based on his responsibility as a managing body of the instant aggregate building.

B. The Defendant’s assertion of this case constitutes a part of exclusive ownership.

There is no claim or obligation relationship between the Plaintiff and the Defendant, and the Defendant is not in the position of possessor of the pipe of this case.

Even if liability is recognized for the defendant, the amount of damages claimed by the plaintiff cannot be recognized, and the defendant's liability should be limited in consideration of the circumstances that the plaintiff contributed to expanding damages.

3. Determination

A. Corridors, stairs, and other sections of the building that lead to several sections of exclusive ownership in the aggregate building can not be the object of sectional ownership as common areas (Article 3(1) of the Act on the Ownership and Management of Aggregate Buildings). Whether certain sections of the building are provided for the public use of all or part of the sectional owners shall be determined by objective usage according to the structure of the building, unless otherwise agreed by the owners.