A. On or around September 25, 2015, the Plaintiff is the owner who acquired the ownership of C Apartment 1301, 101, and 101 (hereinafter “instant 101”), and the Defendant is the owner who acquired the ownership of 201 (hereinafter “instant 201”) located on the upper floor of the instant 101 among C Apartment 1301 aggregate buildings around December 15, 2015.

B. From May 2016, water leakage occurred in the main room, multi-purpose room, living room, and ceiling (hereinafter “water leakage accident”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. In full view of the appraisal results and fact-finding results of each video appraiser D, each of the evidence Nos. 4 and 10 (including paper numbers) of the claim for damages, the water leakage accident of this case can be acknowledged that the water leakage accident of this case occurred from pipes connecting the water from the water pipe located in the section of exclusive ownership No. 201 of this case (However, it is not clear whether the cause occurred due to the artificial engineering work of this case as alleged by the plaintiff) and the sewage of this case used in subparagraph 201 of this case was leaked through the water station of this case No. 101 of this case, balcony, etc.

Therefore, the defendant is liable to the plaintiff for damages incurred to the plaintiff due to the defect in the defendant's property in accordance with Article 758 of the Civil Act.

나. 손해배상책임의 범위 1 보수공사 비용 앞서 든 각 증거 및 변론 전체의 취지를 종합하면, 이 사건 누수사고로 인하여 이 사건 101호 천정에서 주방 다용도실 바닥으로 물이 흐르거나 고임, 주방 다용도실 천정에 물방울이 맺혀 페인트가 벗겨짐, 작은방 천정 및 벽 위쪽에 곰팡이 발생, 주방 전체 벽이 눅눅해짐 등의 현상이 발생한 사실, 이 사건 101호 주방의 마루 및 천정, 작은방 및 주방 발코니 벽체 등을 보수하는 데 아래 표의...