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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The Plaintiff’s assertion is a person who resides in the Bupyeong-gu Incheon E building 201. The Defendants are those who reside in each of the above buildings 301, 401, and 501. On November 2015, the sewage pipe used by the Plaintiff and the Defendants used jointly by the Plaintiff and the Defendants were discharged from the Plaintiff’s house.
Therefore, the Plaintiff suffered damages equivalent to KRW 400,00,00 for sewage pipes construction cost, KRW 1,765,00 for floor construction cost, and the Defendants are liable to pay each of them 541,250 won [ KRW 400,000 ( KRW 1,765,00)] ± 4] and delay damages.
2. Around November 2015, there is no dispute between the parties that the daily sewage was discharged from the Plaintiff’s house. However, each of the entries in the evidence Nos. 1 through 12 is sufficient to recognize that the daily sewage was discharged from the Plaintiff and the Defendants only by the said sewage manager (the Defendant claims that the said sewage manager was jointly used by both the Plaintiff and the Defendants), and there is no other evidence to acknowledge otherwise.
Therefore, the plaintiff's assertion is without merit without further review.
[Attachment, even though the Plaintiff did not clearly state the grounds for the pertinent damages, it is deemed that the Defendants sought damages pursuant to the former part of Article 758(1) of the Civil Act, other than Article 750 of the Civil Act, if the Defendants are liable for damages under the former part of Article 758(1) of the Civil Act, the Defendants should be recognized as the possessor of the said sewage culvert. In this case, the possessor of a structure refers to the person who is in charge of repairing and managing the structure in order to prevent various accidents that may arise from the construction or preservation defects (see, e.g., Supreme Court Decisions 200Da386, Apr. 21, 200; 200Da386, Apr. 21, 200).