The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Facts of recognition

On July 24, 2009, B (the mother of the Plaintiff) entered into a separate product contract with respect to the sales contract with Kimpo-si Co., Ltd (hereinafter “instant apartment”) Nos. 104 and No. 103 (hereinafter “instant building”) on the first floor of Kimpo-si Co., Ltd. (hereinafter “the instant apartment building”), and concluded a separate product contract with respect to the extension of the inside of the balcony to the balcony on September 20, 2009.

On October 29, 2012, the Plaintiff moved into the instant building along with his spouse D around October 29, 2012, and completed the registration of ownership transfer in the name of B on December 28, 2012.

Since then, the building of this case that the Plaintiff resided in the Republic of Korea began to generate myi in the house from the summer in 2013, and there was water leakage in the Ancheon in August 8, 2014.

(hereinafter “instant water leakage, etc.”). On the wall surface of the ceiling and the wall surface of the instant building, a drainage pipe of the same structure as “in the shape of passage through a water pipe” (hereinafter “instant drainage pipe”) is installed inside the existing balcony. On August 19, 2014, the new city protection films, strings, and other waste, which prevented the part of the said attached Form (A) among the water pipes, were discovered, and were removed on August 20, 2014.

The parts related to the instant case in the construction contract concluded between the Defendant and the Prior Industry Development (hereinafter “instant construction contract”) are as follows.

Article 18 (Liability for Damages) (1) In case the subject matter of the Corporation or any third person is damaged by the Corporation for reasons not attributable to Gap and Eul (the defendant; the same shall apply hereinafter) before being delivered to Gap (the preferred industry development; the same shall apply hereinafter), it shall be borne by the defendant.

(hereinafter referred to as "A"), after the object of the construction is delivered to A, shall be borne by A, if the damage was incurred to A or to a third party due to a cause not attributable to B or B.

[Ground of recognition] Unsatisfy facts, Gap 1, 4 through 6, 8, Eul 1, 2, 4, 5.