1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Plaintiff’s assertion

The main purport of the plaintiff is that the plaintiff is residing in the Daegu Suwon-gu C Apartment D (hereinafter referred to as the "instant D"), and the defendant acquires the ownership of the E E (hereinafter referred to as the "instant E") from around 2006, and is residing in the instant E E from around that time.

On May 29, 2018, the Defendant spreaded water while growing the flowerss contained in the flowers of the dwelling space referred to in the instant subparagraph E, and caused water to flow out due to the lack of waterproof function of the dwelling space bed, the water flow out due to an inner embankment, etc. of the instant subparagraph D, which is the following floors. On May 29, 2018, the instant water leakage accident occurred on the wall, inside the outer wall of the instant subparagraph, and on the wall (hereinafter “instant water leakage accident”).

Therefore, pursuant to Article 758(1) of the Civil Act, the Defendant, as the owner and possessor of the instant subparagraph E, who is a structure, is obligated to pay the Plaintiff the amount of damages equivalent to the repair cost of the instant subparagraph D incurred due to the water leakage accident caused by the installation or preservation defect of the relevant ward, pursuant to Article 758(1) of the Civil Act, to the Plaintiff.

Judgment

In light of the following circumstances, each statement of evidence Nos. 1 through 6, which can be known by adding the whole purport of pleadings, it is insufficient to recognize that the evidence submitted by the Plaintiff alone caused the instant water leakage accident due to the defect in subparagraph No. 5 of this case owned and possessed by the Defendant, and there is no other evidence to recognize this differently. Thus, the prior plaintiff's assertion on a different premise is without merit without examining the remaining point of view

There was no trace of water leakage in the ward beta, which the Plaintiff claimed as the cause of the water leakage accident of this case, in the ward beta of this case.

A living room beer of this case E and a water leakage accident of this case are located far from the outer wall of this case D, and the wall of this case is located far from a certain distance.

Living rooms referred to in subparagraph 5 of this case are included in the ward of this case as well as the ward of this case.