1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Facts of recognition;

A. The Plaintiff occupied and used the Plaintiff’s house as the sectional owner of Goyang-gu Seoul Multi-household D (hereinafter “Plaintiff’s house”). The Defendant occupied and used the Defendant’s house as the sectional owner of the above multi-household E (hereinafter “Defendant’s Housing”). The Plaintiff’s house is located below the Defendant’s house.

B. From August 2018, there was a phenomenon that water leakage in the small room, living room, toilets, and walls of Plaintiff’s housing was generated, such as stringing some of the ceiling materials, or duplicating the paper of the ceiling and the wall, etc.

다. 원고 주택에 발생한 누수의 직접적 원인은 피고 주택 주방 아래에 있는 난방공급배관의 부속품인 니쁠이 부식으로 천공되어 천공된 부분에서 흘러나온 물이 원고 주택으로 흘러간 것으로 인한 것이고, 간접적 원인은 위 다세대주택의 옥상 난간 벽체와 바닥에 균열이 있는 부분으로 침투한 빗물이 피고 주택의 천장과 벽체를 타고 원고 주택의 천장과 벽체로 흘러간 것으로 인한 것이다. 라.

As above, 5,193,678 won is required to repair the damaged part, etc. caused by water leakage in the Plaintiff’s housing.

[Reasons for Recognition] Unsatisfy, Gap's statements or images as to Gap's evidence 1, 2, 23 through 30, 44 through 49, the result of the appraisal by the party appraiser F, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that water flowing from the pipelines of the defendant's house owned and occupied by the defendant was damaged by the plaintiff's small bank, living room, and toilet flown into the plaintiff's house, and the tent and the wall are damaged. Thus, the defendant is obligated to pay the plaintiff the repair cost of KRW 6,237,00, 1,000, 7,237,000, and damages for delay.

B. “Defects in the installation or preservation of a structure” as referred to in Article 758(1) of the Civil Act, which caused the occurrence of liability for damages, are the purpose of the structure.