A. The Plaintiff is the owner of 103 units (hereinafter “instant 103 units”) located on the second floor of Busan YU C (hereinafter “instant building”) and the Defendant is the owner of 105 units (hereinafter “instant 105 units”) located on the third floor located above 103 units (hereinafter “instant 105”).

B. Since July 2, 2014, water leakage occurred from the living room and embankment of the instant 103 and the wall and the wall of the instant 103, water spaws on the wall, wall, etc., and there was a change in or damage from remote areas.

C. On October 31, 2015, the Defendant discovered water leakage at the Washington 105 of the instant case, and replaced the water leakage, but thereafter, the water leakage in the instant case 103 is continuously generated.

The result of this Court's appraiser D's appraisal of this case 105 is as follows.

① On September 3, 2015, all water pumps used inside and outside of the instant No. 105 were found to have increased the level of 0.9 liters after about one hour.

② On December 18, 2015 (after receiving the Defendant’s water tank), the survey was conducted on December 18, 2015 (after receiving the water tank, the water gauge’s guidelines for water supply for about two hours, including about 0.26 liters after the lapse of about one hour, and about 0.27 liters after the lapse of about one hour.

[Ground of Recognition] Unstrifed Facts, Gap's entries and images of Gap's evidence Nos. 2, 4, 5, 8, 10, 11 (including provisional numbers), Eul's evidence Nos. 4-1, appraiser's examination result of appraiser D, appraiser's appraisal result of this court's appraisal of appraiser D, the purport of the whole pleadings

2. The parties' assertion

A. Due to the water leakages in 105 of this case owned by the Plaintiff, property and mental damage is caused by the 103th head of the river of this case and the wall of this case owned by the Plaintiff, by planting water and funging fung, and by changing or destroying remote areas.