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1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The defendant 14.1
Reasons
1. Basic facts
A. The Defendant is an organization consisting of the occupants of the Cheongju-si Cheongju-si Ba (hereinafter the above Do Ba, “the Do Ba Ba”), and the Plaintiff is the owner of the Do 102, and the rough structure from the 1st to the 3rd floor of the Do Ba Ba is as follows.
Parking lots of No. 301, No. 201, No. 202, No. 103, No. 102 of stairs No. 301, 203
B. On January 27, 2016, around 3:00 p.m., water pipes located inside the inside the inner floor of the instant lending No. 103 p.m. were cut and water was generated until 10 p.m., and water was flooded by 102 p.m.
(hereinafter referred to as “the primary accident of this case”)
On January 30, 2018, around 9:30 p.m. 30 p.m., water pipes located inside the inner floor of the bank 103 p.m. were scattered, and water leakage occurred. The water pipes of this case were flooded 102 p.m.
(hereinafter “Secondary Accidents”) Article 3 (Definition of Terms)
1. The term "occupant" means the owner of an apartment house which is the object of sectional ownership;
2. The term "user" means an occupant who resides in an apartment house;
3. the term “exclusive ownership” means the building portion which is the object of sectional ownership; and
4. The term “section for common use” means all the incidental facilities and welfare facilities jointly owned by the occupants of the part of the building other than the section for exclusive use, the site and accessories thereof;
Article 4 (Qualifications and Duties of Residents (Members)
6. Electricity, electric power failure, waves, fire, other superior pipes, etc., which occur in a household unit, and septic tanks, etc. shall be managed by the householder.
The full amount of compensation shall be compensated for damage inflicted on other households due to the neglect of management.
7. A person who causes damage to a section for common use or facilities or causes damage to a third party by intention or negligence, such as occupants, users, etc. shall compensate for such damage;
Other matters other than Article 11 (other matters) shall be resolved by the Steering Committee and shall be in accordance with the general Ordinance.
The relevant contents of the defendant's bylaws are as follows:
[Reasons for Recognition] There is no dispute;