1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim and remanding part of the judgment.

1. Basic facts

A. The Plaintiff is a co-ownership owner of A apartment (hereinafter “instant apartment”) under F, who is a co-ownership owner of the instant site.

B. On October 8, 1996, E Co., Ltd. (hereinafter “E”) newly constructed the instant apartment, with the consent of the Korea National Housing Corporation to use it free of charge, installed the instant facilities on the site of the instant static pressure equipment.

C. Around August 2000, the Korea National Housing Corporation accepted the transfer of the E’s urban gas business portion to continue to use the site of the instant pressure-driven facilities against the Defendant.

From around that time, the Defendant occupied and used the site for the heating pressure facilities of this case, and supplied urban gas to the apartment of this case.

The static pressure facilities of this case are essential facilities to convert urban gas of high voltage into low voltages for the supply of urban gas to the apartment and its neighboring areas.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) The co-owner of the instant site, as a co-owner of the instant land, sought a written consent on the removal and delivery of the land for pressure facilities of the instant case against the Defendant possessing part of the instant site by way of preservation of the jointly-owned property. 2) Even if the Plaintiff’s claim constituted an act of management of the jointly-owned property subject to a management body’s resolution as to the purport of the judgment of remand, the Plaintiff obtained the written consent on the removal and delivery from 264 of all sectional owners (total 81%) after the council of occupants’ representatives held on February 10, 2020, which was after the judgment of remand.

This is not less than 4/5 of the sectional owners and voting rights, which are the written resolution requirement that is considered as a resolution by the management body meeting under Article 41 of the Act on the Ownership and Management of Aggregate Buildings ("the Act").