1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

1. Facts of recognition;

(a) The building with two floors above the ground brick structure in Gwanak-gu in Seoul Special Metropolitan City (the building in this case is 78.80 square meters for each underground floor, 1,2 floors, 78.80 square meters, hereinafter referred to as "the building in this case") shall be newly constructed around July 1986;

7. 24. Multi-household housing, the registration of ownership preservation of which has been completed.

B. The Plaintiff is the owner of the underground floor No. 1 of the instant building (hereinafter referred to as the Plaintiff’s housing), and the Defendant is the owner of the first floor No. 101 of the instant building (hereinafter referred to as the Defendant’s housing), the Plaintiff, and the Defendant, respectively, reside in the Plaintiff’s housing.

C. The living room (Concurrent use of both banks) and the bathing room of the Plaintiff’s housing occurred. Accordingly, the ceiling of the living room and the front ceiling of the bathing room of the Plaintiff’s housing were damaged by water leakage, and the water storage of water that can be leakageed on the floor of the living room was installed in a water leakage room where a vinyl was added to the ceiling of the Plaintiff’s housing and the water that can be stored on the floor of the living room continued. The bathing room was also damaged by water leakage, and the wall body around the ceiling was destroyed by continuous water leakage.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 12, 3, and 5 (including each number if the paper numbers are attached) and the purport of the whole pleadings

2. The plaintiff asserts that, due to water leakage occurring in the defendant's house, the ceiling and the wall of the plaintiff's house are damaged and the water leakage phenomenon is still ongoing. Since this is due to the defect in the construction and preservation of the defendant's house, the owner is obliged to compensate the plaintiff for damages caused by water leakage and not to make the plaintiff take the action of water leakage in the plaintiff's house, and the defendant is obliged to impose indirect compulsory payment to enforce this.

The defendant asserts that the number of the plaintiff's housing units is not due to the defect of the defendant's housing unit.

3. Determination

A. The construction of a structure as stipulated in Article 758(1) of the Civil Act, which caused the liability for damages.