The Plaintiff resided in the instant apartment E from May 201 to August 2018, and around August 2018, water leakage (hereinafter “water leakage”) occurred on the instant apartment site, wall, and floor.

The reason for water leakage in this case is that the water for living leaked through the defective part of the balcony floor of the balcony floor of the living room of the above D apartment F (hereinafter “instant apartment F”) was water leakaged in the lower and vulnerable part of E,00 slabs of the instant apartment E, and E,00.

Defendant B, the owner of the instant apartment F, completed the registration of ownership transfer on September 14, 2018 with respect to the instant apartment F.

[Ground of recognition] Unsatisfy, Gap 1, 3, 4, 6 (including each number in the case of additional number), the result of the commission of appraisal to G, the purport of the whole pleadings

2. Claim against the defendant B

A. According to the fact that the liability for damages was established, the fact that water leakage damage was inflicted on the apartment E owned by the Plaintiff due to the defect in the construction or preservation of the apartment No. F of this case, and Defendant B, as the owner of the apartment No. 2 of this case, is liable to compensate the Plaintiff for water leakage pursuant to Article 758(1) of the Civil Act.

As to this, Defendant B asserted that, around August 2018, when water leakage damage in the instant case occurred, the lessee occupied and managed the instant apartment No. F, and accordingly, he/she is not liable.

However, “building possessor” refers to a person who is in charge of and is responsible for repairing, managing, and managing a structure in order to prevent various accidents that may arise from defects in the construction or preservation of the structure, while de facto controlling the structure (see, e.g., Supreme Court Decision 2000Da386, Apr. 21, 200). The repair and management of the apartment housing F in this case is finally responsible.