A. The Defendant is the owner of the 4th floor building C on the ground (hereinafter “the 1st floor building”). The Plaintiff is the owner of the 5th floor building constructed on D’s ground adjacent to the 1st floor building at Silung-si (hereinafter “the 2nd building”).

B. The instant building No. 2 was newly constructed in around 2003, and a dispute arose between the Defendant and the owner of the instant building, due to land boundary disputes, construction noise issues, etc.

C. On November 26, 2013, the Defendant destroyed the drainage pipes of the instant building No. 1 (the drainage pipes connecting wastewater discharged from the instant building to private sewage treatment facilities; hereinafter “instant drainage pipes”) installed on the boundary between the instant building No. 1 and the instant building No. 2, thereby discharging wastewater flowing from the said drainage pipes into the instant building No. 2.

According to Article 77 subparagraph 7 of the Sewerage Act and Article 39 (1) subparagraph 2 of the same Act, the owner or manager of a private sewage treatment facility shall not discharge wastewater flowing into the private sewage treatment facility halfway without going through the final outlet in operating and managing the private sewage treatment facility, and the defendant shall do so.

As stated in Paragraph (1), the Defendant was indicted for committing a crime that caused the damage to the drainage pipe of this case to discharge sewage, and was sentenced to a fine of KRW 1,50,000 on October 23, 2014 in the Suwon District Court’s Ansan-si 201,581,827 (Joint) property damage, and the Sewerage Act (in addition to the above violation of the Sewerage Act, the property damage case was combined).

E. Although the Defendant appealed against the above judgment, the appellate court dismissed the Defendant’s appeal on August 21, 2015 in Suwon District Court 2014No6701, and in the case of violation of the Sewerage Act.

The defendant appealed again, but the Supreme Court is the Supreme Court.