1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The plaintiff's assertion is a sectional owner of the second basement underground of Busan Jung-gu Btel (hereinafter "the aggregate building of this case"), and the defendant is a management body of the aggregate building of this case.

The Plaintiff uses the second underground floor of the instant aggregate building as a warehouse for sale, etc., and the Defendant was obligated to manage and repair the external pipeline facilities of the instant aggregate building, thereby getting out of the wall of the instant aggregate building and flow out into the second floor of the floor and getting out of the wall of the instant aggregate building into the second floor of the instant aggregate building, and the Plaintiff was damaged by the said products.

Therefore, pursuant to Article 758(1) of the Civil Act, the Defendant, as an occupant of the pipeline facilities of the instant aggregate building, is obligated to pay the Plaintiff the damages incurred by the Plaintiff due to the defect in the installation and preservation of the said pipeline facilities, 150 million won and damages for delay.

B. The defendant's assertion is that the subject of maintenance and repair of the aggregate building of this case is not the general meeting of occupants, and the defendant is not liable for damages.

2. Determination

(a) If the sectional ownership relationship with respect to a building is established, a management body established with the purpose of implementing projects for the management of building, its site and annex facilities consisting of all sectional owners (Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings), a management body shall exercise the rights and duties of sectional owners necessary for common interests for the management and use of the building with the care of a good manager (Article 23-2 of the said Act), and matters concerning the management of common areas shall be determined by a resolution

(The main sentence of Article 16 (1) of the above Act).

The plaintiff has a defect in installing and preserving piping facilities that fall under common areas of the aggregate building of this case, and the defendant has a common area under the above law.