1. The defendant has the same apartment as the toilet floor of Seocho-gu Seoul Metropolitan Government 112 Dong, 803, and 703 of the same apartment.

1. Facts of recognition;

A. The Plaintiff owned Seocho-gu Seoul Metropolitan Government C Apartment 112 Dong 703 (hereinafter “Plaintiff apartment”), and the Defendant owned and occupied the same apartment (hereinafter “Defendant apartment”) No. 803 of the same apartment.

B. From March 2016, the Plaintiff notified the Defendant of the water leakage in the part of the Plaintiff’s toilet site, and thereafter, D, a field-based employee of the above C Apartment Management Office, visited the Defendant apartment at the Plaintiff’s request and confirmed the water distribution pipe of the Defendant’s toilet floor of the Defendant’s apartment. As such, it was confirmed that the Defendant used water in the toilet as the water was worn out, the number of the Plaintiff’s apartment toilets is being carried out in the Plaintiff’s toilet site.

C. From that time, the Plaintiff requested the Defendant to perform the water leakage prevention work of the drainage pipe installed between the toilet floor of the Defendant apartment and the toilet ceiling of the Plaintiff apartment. However, the Defendant did not perform the water leakage prevention work until the date of closing argument in the instant case.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 3, and 4 (including each number), witness D's testimony, the purport of the whole pleadings

2. The plaintiff's assertion

A. In the event that the Defendant uses water as the drainage pipe of the toilet floor of the Defendant apartment site for construction performance was worn down, water leakage such as running water to the Plaintiff’s toilet site was generated, and the Plaintiff was interfered with the exercise of ownership due to the above water leakage. Thus, the Defendant is obliged to perform the water leakage prevention work to the Plaintiff within two weeks from the date of the final judgment of this case.

B. In preparation for the case where the Defendant failed to perform the above obligations within two weeks from the date of the conclusion of the judgment of this case, the Plaintiff, such as indirect compulsory performance, etc., shall allow the execution officer entrusted by the Plaintiff to accept the floor drainage of the Defendant apartment. The above period has elapsed.