1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is the owner of Seocheon-si Carryover (hereinafter “instant loan”) 101 and is residing in the foregoing loan.

B. The Defendant is the owner of the instant loan No. 201 and is residing in the Ba.

C. From October 2016 to October 2016, water flows out of the instant bank 101, the ward, and the main bank.

(hereinafter “instant number”). 【No dispute exists, Gap evidence Nos. 3, 4, and Eul evidence No. 1-1, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion that water was leaked and the water leakage of this case was generated in the drainage pipes, toilets, and bathroomss of the Plaintiff’s loan No. 201.

In other words, the water leakage of this case occurred due to the defects in the installation or preservation of 201, which is the structure owned by the defendant.

Therefore, the defendant is liable for damages in accordance with Article 758 of the Civil Code.

B. The Defendant’s assertion in 202 No. 202 of this case’s lending water and the water leakage of this case occurred.

Therefore, the defendant is not liable for damages.

3. According to the following circumstances that can be seen by comprehensively taking account of the evidence Nos. 1-1 to 4-2, Eul evidence Nos. 2-1 to 5, Eul evidence No. 5-1 and Eul evidence Nos. 5-2, the appraiser D’s appraisal result, and the overall purport of pleadings, the evidence submitted by the plaintiff alone cannot be deemed to have taken place, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion is not accepted.

① Although appraiser D confirmed that water in the instant loan No. 201, from October 16, 2017 to November 29, 2017, it was difficult to verify that water flows out.

② Appraiser D, on December 2, 2017, putting water out at the heating distribution valve connected to the toilet 202 Liba and the heating distribution valve located in balcony.