The judgment of the first instance shall be amended, including the claims added in the trial, as follows:

The instant lawsuit is filed.

1. Basic facts

A. The Plaintiff is a sectional owner of the E and F ground G apartment (hereinafter “instant apartment”) in the racing-si, which consists of a total of 298 households.

B. On May 28, 1996, H Co., Ltd. (hereinafter “H”) installed the instant facilities on the instant land with consent to use without compensation from D Co., Ltd., the executor company of the instant apartment, and the Defendant acquired H around August 200 and supplied urban gas to the instant apartment from around that time.

C. The static pressure equipment of this case is an essential facility for converting urban gas from high pressure into low pressure to domestic use, and for supplying urban gas to the apartment complex of this case and its neighboring areas.

The Plaintiff did not go through the resolution of the management body of the apartment complex of this case while filing the instant lawsuit seeking the removal of the pressure facilities of this case and the transfer of the land of this case.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4 and images, the result of the survey and appraisal conducted by the court of first instance and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The summary of this safety defense 1) The contents of the lawsuit in this case are seeking removal from the site of this case, which is the management act of the section for common use, and since the lawsuit regarding the management of the section for common use belongs to the trustee's exclusive right, the plaintiff, a sectional owner, is not entitled to file the lawsuit in this case. 2) The management of the section for common use is conducted according to the ordinary resolution of the management body meeting pursuant to Article 16 (1) of the Aggregate Buildings Act. The plaintiff did not go through the resolution of the management body meeting while filing the lawsuit

B. The Act on the Ownership and Management of Aggregate Buildings, which is essential for the existence of an aggregate building, provides various special provisions on sharing under the Civil Act to facilitate and properly maintain common areas and sites, and to coordinate mutual interests among sectional owners surrounding communal living in an aggregate building.