A. The Plaintiff is the owner under Article 202 of Gangseo-gu Seoul Metropolitan Government G Location B, and the owner under Article 301 of the same B (hereinafter “the network”).

B. After filing the instant appeal, the Deceased died on July 25, 2015, which was the deceased’s heir, and the Defendant D, the appointed party E, and F took over the lawsuit at the trial.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1-2, Eul evidence 16, purport of whole pleadings]

2. The parties' assertion

A. Since water leakage from the floor of the Plaintiff No. 301 caused damage to the ceiling and the wall of the Plaintiff’s room No. 202, living room, kitchen, and toilet owned by the lower floor, the deceased, the owner of No. 301, is obligated to pay KRW 11,385,644, the repair cost of No. 202, and KRW 301,713,082, the consolation money of KRW 10,098,726, the sum of KRW 23,000,000,000 for the purpose of preventing the occurrence of water leakage in the future. As such, the Defendant (Appointed Party) and the designated parties, the heir of the deceased, are obligated to pay the above amount in proportion to their inheritance shares.

In addition, the defendant (appointed party) and the appointed parties are not expected to accept the bathing room under 301 on their own, so that the plaintiff can accept them.

B. In relation to the loss caused by water leakage caused by Defendant (Appointed Party) No. 301, the Plaintiff and the Deceased paid the Plaintiff KRW 13 million on May 22, 2015 to the effect that the Plaintiff is not liable for civil or criminal liability against the Deceased in relation to the instant case. As such, the Plaintiff’s claim against the portion exceeding KRW 13 million is without merit.

3. Determination

A. According to the evidence No. 14, the Deceased and the Plaintiff incurred the Plaintiff as of May 22, 2015, which was pending in the appellate trial of the instant case by the deceased on May 22, 2015.