A. The Plaintiff is the owner of the Gyeonggi-gu Dang 102 (hereinafter “instant 102”), and the Defendant is the owner of the same Dong 202 (hereinafter “instant 202”).

B. Since December 21, 2011, the Plaintiff demanded the Defendant to compensate for damages due to leakages under the instant subparagraph 202.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 and 2 (including each lot number application), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The purport of the Plaintiff’s assertion is that the Plaintiff’s house was damaged by water leakage from the Defendant’s house located above the Plaintiff’s house located above the Plaintiff’s house. As such, the Defendant asserts that the Defendant is liable to pay for repair costs of KRW 7,498,130 and KRW 19,500,000 for 39 months from December 30, 201 to March 1, 2015 (=500,000 x 399 months) total of KRW 26,998,130 and delay damages therefrom, which are incurred to the Plaintiff, the owner of the same building below the Plaintiff’s house, due to defects in the ownership and occupied building.

B. First of all, with respect to whether there is a defect in the installation and preservation of the Defendant’s owned objects, if the purport of the entire pleadings is added to the result of appraiser D’s appraisal, the instant 202 is installed by integrating hot water distribution equipment with the lower part of the heating apparatus while installing hot water distribution equipment on the part of a bath room without separating hot water distribution apparatus, and the Dong management connected with the hot water distribution apparatus was buried into the bath room room room without any waterproof treatment. Although the appraiser did not have been currently under way at the water supply pipes and heating pipes of this case, he prepared sufficient measures such as waterproof treatment, etc. when reclaiming the hot water distribution pipe into the bath room floor without any waterproof treatment, and thereby absorbing the water and cement.