공사이행
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion that water leakage was generated in Busan Metropolitan City C Apartment D (hereinafter “instant apartment”), which was owned by the Defendant, resulting in damage, such as drinking water in the apartment site owned by the Plaintiff on the next floor.
Therefore, the defendant is obligated to perform water leakage prevention construction on the apartment of this case to the plaintiff, and pay the plaintiff KRW 550,000 and KRW 3,550,000 to the plaintiff's tenant compensation amounting to KRW 3.5 million.
2. According to the appraisal results of appraiser E, the apartment in this case did not generate water leakage, and the damage to water leakage of the apartment owned by the plaintiff was recognized due to the fact that the water leakage from the pipe duct (Pipe Duct) inside the apartment is causing damage to the apartment owned by the plaintiff located on the lower floor, so it is difficult to view that water leakage damage of the apartment owned by the plaintiff was caused by the water leakage from the apartment in this case, and there is no other evidence to acknowledge it otherwise.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.