1. The judgment of the first instance court, including the Plaintiff’s claim that was reduced in this court, is modified as follows.

1. Basic facts

A. The Plaintiff is the owner of CHousing No. 101, Dong C Housing No. 101 (hereinafter “Plaintiff Housing”). The Defendant is the owner and the resident of the said C Housing No. 1, Dong C Housing No. 201 (hereinafter “Defendant Housing”).

B. On October 22, 2013, the Plaintiff was notified by the tenants of the Plaintiff’s housing that flood damage caused water leakage in the Plaintiff’s housing, etc., and the tenants of the Plaintiff’s housing left the Plaintiff’s housing on November 10, 2013 on the ground of water leakage.

C. Accordingly, on November 22, 2013, the Plaintiff filed a lawsuit against the Defendant with the Seoul Northern District Court seeking compensation for damages due to the defect in the Defendant’s house (Seoul Northern District Court 2013Gaso84347), and the Plaintiff withdrawn the said lawsuit on April 22, 2014, if the number of copies was verified from the date of the lawsuit to March 2014, but the number of copies was no longer confirmed at the time of the lawsuit thereafter.

On the other hand, the Plaintiff confirmed the fact that water leakage occurred again in the Plaintiff’s Housingcheon around February 2016, while the Plaintiff was unable to repair or rent the Plaintiff’s house because the number of tenants continues intermittently even after leaving the house, and the cause of water leakage is not revealed.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 11, Eul evidence 1 (Evidence with Serial Nos. 1) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The following facts are acknowledged by comprehensively taking account of the facts charged prior to the occurrence of the liability for damages, the evidence and the images of Gap evidence No. 3, and the appraisal result of appraiser D’s appraisal, namely, the fact that water leakage was generated by the parts of the lecture pipe pipe pipes buried on the front floor of the defendant’s house toilet, and the parts of the balcony boiler unit subdivision unit supplied from balcony boiler to the room floor (hereinafter “instant water leakage”). On July 9, 2015, the defendant is located on the pipe at the entrance side of the defendant’s house.