1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. The following facts do not conflict between the parties, or each entry or video of Gap evidence Nos. 1, 3 through 6, 10, 20, and 22 may be admitted, taking into account the whole purport of the pleadings:

The Plaintiff is the owner of Yeongdeungpo-gu Seoul Metropolitan Government C apartment 212 Dong 1206 (hereinafter “the apartment of this case”) and the Defendant is the owner of the said 1306 apartment of this case (hereinafter “the apartment of this case”).

B. On January 27, 2016, when water leakage occurred from the water pipe of the apartment of this case (hereinafter “water leakage”) around January 27, 2016, the wind was to flow out to the apartment of this case, which is the immediate below floor of this case, and damage was caused to the ceiling, etc. of the apartment of this case (1206).

2. Summary of the parties' arguments;

A. Since the water leakage of the instant apartment owned by the Plaintiff, which occurred from the water pipe of the apartment owned by the Plaintiff, caused damage to the ceiling, etc. of the apartment owned by the Plaintiff, the Defendant is obligated to pay the Plaintiff the amount of KRW 3,100,000 equivalent to the repair cost, such as the ceiling, etc. of the apartment owned by the Plaintiff due to the tort, and the delay damages therefrom.

Furthermore, the water leakage of this case occurred after the water pipe installed inside the wall of the apartment of this case No. 1306, and it occurred in the part where the lessee of the apartment of this case cannot manage. Thus, the defendant, the owner of the apartment of this case No. 1306, is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the water leakage of this case.

B. Defendant 1) Since the water leakage in this case occurred due to the dissolution of D, a lessee of the apartment of this case No. 1306, the apartment of this case, due to the dissolution of water management, the water management is removed. Thus, the Plaintiff must seek damages against D, who is responsible for the occurrence of water leakage in this case. 2) due to the water leakage in this case, the part of the apartment of this case No. 1206.