1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 5,858,867 as well as to the plaintiff on October 2014.

1. Basic facts

A. The Plaintiff is a person who purchased No. 101 of the Busan Northern-gu Carryover (hereinafter referred to as the “instant loan”) and resides therein.

B. The immediate upper floor of the instant loan 101 was 101 and 103, and the Defendant purchased the above 103 subparagraph and resides therein.

C. From May 2014, water leakage (hereinafter “instant water leakage”) occurred in the ceiling-101 of the instant loan loan from around May 201.

[Ground of recognition] Facts without dispute, Gap evidence 4 and 17 (including virtual numbers; hereinafter the same shall apply), Gap evidence 6, Eul evidence 2, and the purport of the whole pleadings

2. The Plaintiff’s assertion was derived from the loan of this case owned by the Defendant 103.

The construction cost required for restoring damage caused by water leakage in this case is KRW 386,33,33, 57,300, 577,302, and 3724,724,353, and 295,872 (living room 170,879, small size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size size

In addition, the plaintiff suffered mental pain due to the water leakage in this case and the defendant's non-cooperative behavior, and the consolation money for that person shall be calculated as KRW 1,500,000.

Therefore, the Defendant is obligated to pay the Plaintiff the damages amounting to KRW 7,895,633 (i.e., KRW 6,395,633 won) and damages for delay.

3. Determination

A. The liability to compensate for any loss inflicted on another person due to the defect in the installation or maintenance of a structure in accordance with Article 758 of the Civil Code, first, is the possessor of the structure who actually occupies and manages the structure in direct and specific control, and the possessor of the structure is exempt from liability by proving that he/she has not neglected due care necessary for the prevention of the loss.