1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. The gist of the Plaintiff’s assertion is that the Defendant: (a) collects management expenses and electricity and water supply charges (attached Table 1, No. 1, No. 2, hereinafter “instant collection act”) from the lessee who leased each part of the instant building owned by the Defendant (hereinafter “Defendant’s lessee”); and (b) did not pay them to the Plaintiff, thereby hindering the Plaintiff’s legitimate business, who is the managing body of the instant building; and (c) the Plaintiff seeks the prohibition of the instant collection act to the Defendant based on the following title.

1) Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”)

(1) Article 5(1) and Article 43(1)5 of the Multi-unit Building Act (Section 5(1)1 of the same Act) provides that a sectional owner’s common interest shall not be infringed on the management or use of the building of this case, as the Defendant did not pay the management fees and electric and water supply charges collected as the instant collection act to the Plaintiff. Thus, safety risks, such as failure to pay repair costs for the management of the building of this case due to the failure to timely disbursement of expenses incurred for the management of the building of this case. Since the management or use of the building of this case is detrimental to the common interest of the building owner, the Plaintiff shall not engage in any conduct detrimental to the preservation of the building or any other conduct detrimental to the common interest of the sectional owner regarding the management and use of the building.