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1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim extended in the trial are dismissed.
2. After an appeal is filed.
Reasons
1. In the first instance trial, the Plaintiff filed a claim for damages and consolation money for property damage caused by water leakage from an apartment owned by the Defendant, as the principal lawsuit, in the first instance trial, and the Defendant filed a claim for damages due to the Plaintiff’s tort as the counterclaim.
The first instance court accepted the plaintiff's claim for damages on property, dismissed the claim for consolation money, and dismissed all the defendant's counterclaims.
Since only the defendant appealed against this part of the lost part, the claim for consolation money was excluded from the scope of the trial of the party.
2. Judgment on the principal lawsuit
A. 1) In full view of the descriptions and images of evidence Nos. 1-1-2, 1-2 and 2-10, 3, 5, 6, 7, 8, 9, and 10-2 of the evidence Nos. 1-2, and the overall purport of the testimony and arguments of the witness C at the trial, the Plaintiff is identified as the number of houses only 101 (hereinafter referred to as the “number of houses”).
As the owner of the facility, the defendant is residing in 101 and the owner of 201 who was the upper house of 101 and resided in 201, and the damage from water leakage occurred due to continuous 101, and the plaintiff requested C who operated the construction company of "E" on July 12, 2017 for the detection of water leakage and construction of 201. As a result of the detection of water leakage, it is confirmed that water leakage has occurred in the toilet change floor of 201, and the model waterproof construction of 201. ③ Accordingly, C replaced the kitchen pipeline of 201 and performed the floor waterproof construction. The plaintiff paid 3,987,50 won to C on August 7, 2017, each of the above construction was completed, ④ After completing the construction, the damage from water leakage has not occurred due to water leakage and construction, ⑤ The defendant is recognized to have suffered damage from each of the above construction sites of 201-201.