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. Facts of recognition;

A. The Plaintiff is the owner of the Kimhae-si C Apartment D (hereinafter “instant apartment”) and the Defendant is the owner of the same apartment E (hereinafter “instant apartment E”) that is the immediately upper floor of the above apartment.

B. On May 2, 2016, the Plaintiff leased the instant apartment complex from the Defendant F, F, for a lease of KRW 65 million and for two years, and had the Plaintiff’s birth live in the said apartment complex. The Plaintiff’s birth went to a director during the said lease period.

C. Accordingly, with the above F’s consent, the Plaintiff subleted the apartment of this case to a third party (foreigner). At that time, there was a phenomenon that water flows into the entrance of the apartment of this case, due to the water leakage of the toilet pipes of the instant apartment of this case.

The Plaintiff requested the Defendant, the owner of the instant apartment building, to perform the toilet leakage repair works on several occasions, but the Defendant did not comply therewith, and completed the toilet pipeline repair works on October 25, 2017, taking into account KRW 900,000,000 for the instant apartment, and 4.50,000,000 for the construction cost.

[Reasons for Recognition] Each entry or video of Gap 1 through 7 (including each number), and the purport of the whole pleading

2. Article 758(1) of the Civil Act of the judgment on the cause of the claim provides, “If a loss is inflicted on another person due to a defect in the construction or preservation of a structure, the possessor of the structure shall be liable to compensate for the loss. However, if the possessor does not neglect due care necessary for the prevention of loss, the owner shall be liable to compensate for the loss.

Therefore, the liability for damages incurred to another person due to the defect in the installation or maintenance of a structure under Article 758 of the Civil Code is the first structure that actually occupies and manages the structure directly and specifically.