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 are the owners of Kimpo-si C apartment 206 Dong 103 (hereinafter “Plaintiff apartment”), and the Defendant is the owners of the Plaintiff apartment 206 Dong 203 (hereinafter “Defendant apartment”) that is the upper floor of the Plaintiff apartment.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination as to the cause of action

A. In full view of the following circumstances acknowledged by the evidence Nos. 11, 12, 14, 19 through 22, 25, Eul evidence Nos. 6, Eul evidence Nos. 6, and witness D’s testimony and pleading, the defendant did not take any specific measure against water leakage from the defendant apartment as the plaintiff's apartment was sold to the plaintiff's apartment, and thus, he is liable to compensate the plaintiff for damages caused by the plaintiff’s tort.

1) On January 9, 2015, the Plaintiff began to leak water at the main bank of the Plaintiff apartment building (hereinafter “instant water leakage”).

(2) Around that time, the Defendant continued to request the Defendant to prepare countermeasures. (2) On January 23, 2015, two weeks after the instant water leakage began, and the Defendant continued to detect water leakage in the Defendant apartment.

Despite the diagnosis that there was no error in the pipe as a result of the leakage detection, the plaintiff's apartment continued to be leakage.

On the other hand, in the case of water leakage caused by the pipe connecting the pipe as follows, the pipe is not heated, so even if water leakage detection is conducted, there is no error in the pipe.

3. On February 7, 2015, the Plaintiff was living in the boiler room in the presence of the Defendant apartment tenants with the apartment managers and water leakage detection technicians D, and was living in the boiler room in the presence of the Defendant apartment tenants.

D Based on the experience of accepting similar cases in the apartment like the plaintiff's apartment, 20A hot water was cut off from the 20A hot water tank and the 20A pipes connected to the PB 20A pipe.