1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The Plaintiff is the owner of the building E on the ground of the Michuhol-gu Incheon, Michuhol-gu, and one parcel (hereinafter “Plaintiff’s house”), and the Defendant is the owner of the above building F (hereinafter “Defendant’s house”) has no dispute between the parties.

2. The parties' assertion

A. The Plaintiff’s assertion was made on July 2018, and the water leakage occurred in the window part installed in the balcony of the Defendant’s housing (hereinafter “instant water”). Accordingly, the Plaintiff’s assertion that the water leakage occurred in the inside of the Plaintiff’s housing.

Therefore, the defendant, as the occupant and owner of the structure of the defendant's housing, suffered by the plaintiff due to the above leakage, the sum of the above sum of KRW 3,200,250,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

There is an obligation to pay damages for delay.

B. The point where the Defendant’s assertion occurred is the windows installed in the balcony of the Defendant’s housing unit, which are common areas, and there is no proximate causal link between the defect in common areas and the part where the water leakage of the Plaintiff’s housing, which is an exclusive ownership.

In addition, damage from water leakage occurred in the plaintiff's house is caused by the defect that the defendant had already existed in the defendant's house before acquiring ownership of the defendant's house or before acquiring ownership of the defendant's house. Therefore, the defendant is not liable to compensate

3. Determination

A. (1) The “defect in the installation or preservation of a structure” as referred to in Article 758(1) of the Civil Act refers to the state in which the structure is in a state in which it does not have safety ordinarily to be equipped according to its use.