1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiffs, as married couple, share 1/2 shares of the Daegu Suwon-gu D apartment E (hereinafter “Plaintiffs’ apartment complex”) in their respective shares.

B. The Defendant is an owner or possessor of the same apartment F-heading that is the upper floor of the apartment of the Plaintiffs (hereinafter “Defendant apartment”).

C. On December 26, 2017, the Plaintiffs came to know that damage was caused by water leakage on the apartment of the Plaintiffs.

(hereinafter “instant water leakage”). The instant water leakage cause was that the water level of the hot water pipe installed in the Defendant apartment flows down below the lower floor, but the Plaintiffs suffered damages that amount to KRW 25,989,000 in total on the repair, such as damages to the ceiling, the wall’s painting, floor floor, etc. of the Plaintiffs’ apartment.

Meanwhile, from December 16, 2013, the Plaintiffs leased their apartment units to another person. However, from February 2017, prior to the occurrence of leakage of the instant case, the lessee left the house and continued to be a factory room due to the absence of a separate resident.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 7, the result of appraisal by appraiser G in the first instance trial, the purport of the whole pleadings

2. Determination

A. According to the above facts, the damage compensation liability of this case was established. Thus, the water leakage of this case is due to defects in the installation and preservation of the hot water pipe, which is the structure of the defendant apartment building owned by the defendant, and the defendant is liable to compensate the plaintiffs for damages arising therefrom pursuant to Article 758 of the Civil Code. 2) The defendant is liable to compensate for damages arising from the damages arising to the plaintiffs' apartment of this case as the water leakage of this case.

However, the following circumstances recognized by the purport of the entire evidence and pleadings, i.e., the leakage of this case was discovered by the cumulative leakage phenomenon, and the number of times started.