1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On October 13, 2014, the Plaintiff completed the registration of ownership transfer with respect to the Busan-gu Busan-gu C building and 302 (hereinafter referred to as “302”), and resides in 302. B. The Defendant completed the registration of ownership transfer with respect to the Busan-gu C building and 402 (hereinafter referred to as “402”) located on the upper floor immediately above October 27, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2-2, and Gap evidence 2

2. The plaintiff asserted that the plaintiff paid KRW 26,00,000 to the recovery cost set forth in 302 due to the defendant's tort, and suffered mental suffering due to leakage.

Therefore, the defendant is obligated to pay the plaintiff 26,00,000 won for active damages and 10,000,000 won for consolation money. As part of the claim, the plaintiff seeks to pay 15,00,000 won for active damages and 10,000,000 won for consolation money.

As to No. 402, the Defendant or Defendant’s mother, performed pipeline construction works.

After that, 302, below the 402th floor, was in a situation where it is impossible to reside properly, such as the occurrence of serious water leakages, water from the ceiling, funging water on the wall, funging water, and preventing the use of electricity.

Since the defendant's pipeline construction has caused the above serious leakages in 302 residing by the plaintiff, the defendant is liable to compensate for damages caused by the tort.

B. Even if there was no intention or negligence on the part of the Defendant, the Defendant is liable to compensate for damages in accordance with Article 758 of the Civil Act, as the owner of 402, who is the section for exclusive use, generated water leakages in the ceiling, etc. of 302, below the lower floor due to the defect in the construction or preservation

3. Determination

A. The Defendant rendered judgment on the claim for damages based on tort (Pipeline construction) is the person who performed pipeline construction works around July 2016.

However, the evidence submitted by the plaintiff alone is set forth in 302 due to the defendant's pipeline construction.