A. The Plaintiff, along with C, is a person and possessor who jointly owns the Seocho-gu Seoul Metropolitan Government D apartment unit E (hereinafter “instant apartment”). The Defendant is the owner of the instant apartment unit F. G is a person who leased and occupied the instant apartment unit F from the Defendant along with H, and on June 14, 2018, completed the registration of ownership transfer on the ground of sale due to a voluntary auction as to the instant apartment F.

B. On July 26, 2017, when water flows out from a distribution machine installed under the instant apartment E, which is below the lower floor, there was an accident that damages the water mil into the instant apartment E, and around October 21, 2017, the J operating I was delegated by K, a representative of the Defendant, to detect the water leakage of the instant apartment E.

C. On October 21, 2017, I accepted a part of the water leakage of the distribution machine installed in the apartment F, thereby continuously decreasing the quantity of water that falls under the instant apartment E due to the lapse of time, and the water leakage was stopped at the time of the lapse of the repair one week.

On November 10, 2019, the Plaintiff acquired the part corresponding to C’s share out of the damage claim arising from the first accident that occurred in the instant apartment E from the co-owner of the instant apartment E, and around that time C notified the Defendant of the assignment of the claim.

[Ground of recognition] Facts without dispute, Gap's statements and images, Gap's evidence 3 through 9, 11 through 13, 17, 26 through 29, 32, 57, 60, and 63, witness of the court of first instance, witness of the court of first instance, the purpose of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiff’s assertion that the instant first accident occurred due to the leakage of the distribution machine installed in the apartment F, the Defendant, as the owner of the instant apartment F, suffered the Plaintiff and C due to the instant first accident pursuant to Article 758(1) of the Civil Act.