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1. Of the judgment of the first instance, the part against the plaintiff ordering payment shall be revoked.
The Defendants are jointly and severally.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the Plaintiff’s D Apartment E (hereinafter “Plaintiff’s apartment”).
The Defendants are co-owners who own 1/2 shares of Fho Lake (hereinafter referred to as the “Defendants’ apartment complex”) which is a household immediately preceding the above subparagraph.
B. On September 2017, G, as a lessee of the apartment complex of the Defendants, listen to the Plaintiff’s phrase “water level off the Plaintiff’s apartment site.” After checking the Plaintiff’s apartment complex, G sent it to the Defendants’ side as “the Defendants need to repair because water level has occurred on the lower floor.” At that time, the Plaintiff’s first water level occurred on the part of the main stream of the Plaintiff’s apartment site.
C. After that, according to the Defendants’ instructions, several repair companies found water sources of the Defendants’ apartment, but did not find any water source, H (hereinafter “I”) visited the Defendants’ apartment at the request of the Defendants on December 11, 2017, and did not discover water leakage in the pipe part, but after hearing from G the horses that “water leakage occurs in the kitchen,” the Defendant was found to have discovered and replaced water leakage in the above apartment part due to rupture (including the connections from the tap water tap and its water supply valves) and received repair costs from the Defendants.
After that, there was no water leakage in the ceiling of the plaintiff's apartment, and the water leakage occurred during that period (hereinafter "the water leakage accident in this case") caused the plaintiff's apartment site to be ice in the main river site, and damage was caused by remote areas, sunset trading, and tind, etc.
[Ground of recognition] Facts without dispute, entry and video of Gap 1-3, 8-10 evidence (including branch numbers; hereinafter the same shall apply), testimony of Gap 1-3, 8-10 evidence, G of the first instance court witness G, partial testimony of the first instance court witness J, testimony of the witness H of this court, the purport of the whole pleadings
2. Determination
A. The liability for damages is established.