A. The Plaintiff is the owner of Gyeyang-gu Seoul Metropolitan Government Seoyang-gu C and 101 mobile building (hereinafter “Plaintiff’s building”), and the Defendant resided as the lessee from December 4, 2011 to July 8, 2015, the immediate upper floor of the Plaintiff’s building (hereinafter “Defendant’s building”).

B. On January 27, 2014, water leakages occurred in the part of the body of the Plaintiff’s building, the ceiling and the wall surface of the Plaintiff’s building were contaminated.

C. On May 20, 2016, the Plaintiff sold the Plaintiff’s building to a third party.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserts that the Plaintiff is liable to pay KRW 5,00,000, KRW 2,668,148, the amount equivalent to the rent from December 1, 2014 to November 30, 2015, and KRW 11,529,060, and KRW 2,414,331, the amount equivalent to the rent from December 1, 2015 to December 20, 2016, the repair of which was completed.

2. Occurrence of liability for damages;

(a) The possessor of a structure shall be liable to compensate for the damages if such damages are incurred to others due to the defect in the construction or in the preservation of the structure; and

However, if the possessor fails to pay due attention necessary for the prevention of damage, the owner shall be liable for compensation for the damage.

(1) Article 758(1) of the Civil Act provides that the possessor of a structure shall be exempted only when it proves that he/she has not neglected due care for the prevention of damages caused by defects in the preservation of the structure, and that Article 758(1) of the Civil Act provides that the possessor of the structure shall be exempted only when he/she proves that the possessor of the structure has not neglected due care for the prevention of damages caused by defects in the preservation of the structure.

B. (See, e.g., Supreme Court Decision 83Meu2266, Mar. 13, 1984).

Judgment

The above-mentioned facts and the statements in Gap evidence Nos. 3, 4, 7, and 9.