The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Plaintiff’s ground of claim and judgment

A. The Plaintiff’s ground of the Plaintiff’s claim is the owner of C-building D (hereinafter “Plaintiff-owned housing”) and the Defendant is the owner of the following E-house (hereinafter “Defendant-owned housing”). The sewage manager for the main drainage of the Defendant’s house is laid underground on the floor of the Plaintiff’s house owned by the Plaintiff. This is an infringement of the Plaintiff’s exclusive ownership. Thus, the Defendant is obligated to remove this, and thus, the Defendant is obligated to seek a judgment, such as the written claim.

B. The written evidence Nos. 1 and 2 alone is insufficient to acknowledge that the pipes of the housing owned by the Defendant were laid underground on the floor of the housing owned by the Plaintiff, and there is no other evidence to acknowledge them.

(G) Even if the pipes of the housing owned by the Defendant are laid underground as alleged by the Plaintiff, the pipes laid on the ceiling or floor of the apartment building may fall under common areas pursuant to Article 2 subparag. 4 and Article 3(1) of the Act on the Ownership and Management of Aggregate Buildings depending on the form thereof, and therefore, it cannot be readily concluded that the Plaintiff’s claim is in violation of the Plaintiff’s ownership solely on the fact that pipes fall under common areas pursuant to Articles 2 subparag. 4 and 3(1) of the said Act.