The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Defendant is a voluntary organization established to protect the rights and interests of the sectional owners and users of Dobong-gu Seoul Metropolitan Government (hereinafter “instant commercial building”) and to promote the normal facility management and smooth development of the said commercial building.

B. On September 19, 2017, the Plaintiff entered into a lease agreement with D and E, the owner of the instant commercial building C (hereinafter “instant store”), with respect to the instant store, “30,000,000 won for lease deposit, monthly rent of KRW 2,00,000 for lease, and the lease period of KRW 16,00 for October 16, 2017 to October 15, 2019,” and the said lease agreement was renewed after the lease period expires.

The Plaintiff is running a children’s play room business with the trade name “F” at the above store from the time when the instant store was delivered to the day after the conclusion of the pleadings.

C. Of the instant stores, the wall surface of the same side and the north side of the instant building constitute the outer walls of the instant commercial building, and the upper half of the ceiling is the rooftop of the said commercial building.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 14, 19, 20, 21 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On July 1, 2018, the Plaintiff asserted that the water leakage was first discovered at the instant store. In light of the following circumstances, it can be recognized that the water leakage occurred due to the water leakage construction defect on the rooftop of the instant commercial building. Thus, the Defendant, the managing body of the said rooftop part, is obligated to pay the Plaintiff property damage amounting to KRW 33,231,030 (i.e., the amount of loss decreased from January 1, 2018 to January 2019, to KRW 16,723,80 (i.e., cost of purchasing materials, such as 3,329,000 won, which was reduced to KRW 1,747,230, KRW 11,431,00, KRW 300, KRW 631,000, KRW 000, KRW 230,000 and delay damages.

① The instant store is located.