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Of the judgment of the court of first instance, the part against the respondent in excess of the amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the Seo-gu Incheon Metropolitan Building D (hereinafter “instant building”) No. 5, and Defendant B is the owner of the instant building No. 5, and Defendant C is the owner of the instant building G.
The plaintiff and the defendants are residing in each building owned by them.
B. On December 22, 2018, water leakage phenomenon (hereinafter “water leakage”) occurred from the living room referred to in subparagraph of the instant building and the toilet on the ceiling of the toilet.
C. On December 26, 2018, the Plaintiff requested H company (I), a water leakage detection business entity, to detect water leakage. Around that time, the Plaintiff performed water leakage construction.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Gap evidence 5, Eul evidence 1, whole purport of oral argument
2. According to the facts without dispute over liability for damages, Gap evidence 3, Eul evidence 5, Eul evidence 1, Eul evidence 3, Eul evidence 3, Eul's testimony in the first instance trial, I's testimony in writing, and the whole purport of pleadings, ① at the plaintiff's request and around December 26, 2018, I determined that the degree of damage and the amount of water leakage in water leakage in the toilet water tank of the instant building to the "interim", ② the plaintiff, and defendant C showed new water from the toilet change pipe of the instant building on December 26, 2018, ② the water leakage in the toilet of the instant building was found to the extent that the water leakage in the toilet of the instant building was found to have been removed, ③ the water leakage in the toilet of the instant building on December 26, 2018 (see, e.g., e., g., e., e., e., g., e., e., e., e., g., g., g.