A. The Plaintiff is an owner and a resident of the old-si C Apartment 602 Dong 203 (hereinafter “instant 203”) and is the spouse D, children E, and F in the above apartment.

B. The Defendant is the owner of the above C Apartment 602 Dong 303 (hereinafter “instant 303”), and the tenant is residing in the instant 303.

C. From June 2016, water leakage occurred from the hot water pipe located at the main bank of this case (hereinafter “instant water leakage”) around the instant 303, water flows out with a tent, such as a bedroom, a ward, a kitchen, etc., and a wall of this case.

Due to the above water leakages, mycoi generated the defendant and malodor on the ceiling, wall, etc.

From July 22, 2016 to around the 25th day of the same month, the Defendant repaired the water leakage of the drain pipe, and did not generate any further water leakage. However, the remaining hot water that flows into the past was leaked for a considerable period of time as the instant case 203.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3, Gap evidence No. 5, appraiser G's appraisal result, the purport of the whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the damage was inflicted on water leakage in the instant case 203 due to the defect of the water pipe, which was caused by the water leakage from the main bank set forth in the instant 303.

Therefore, the Defendant is the owner of the instant 303 and is liable to compensate the Plaintiff for the damages caused by the leakage of the instant water pursuant to Article 758 of the Civil Act.

B. The Plaintiff’s assertion 1) asserts that the Plaintiff shall compensate the Defendant for the damages equivalent to KRW 5,910,00 for the damages equivalent to the rent during the period during which the Plaintiff’s family did not live normally (from August 21, 2016 to July 25, 2017) under the instant 203 due to the compensation for damages. 2) According to the appraiser G’s appraisal result, the cost of repairing the defect is 5,356,00 for the cost of repairing the defect.