1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

1. (1) The Plaintiff owns the land in Suwon-si, Suwon-si (hereinafter “Plaintiff’s land”) and its ground (hereinafter “Plaintiff’s building”), and the Defendant owns the D land immediately adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”) and its ground buildings (hereinafter “Defendant’s building”).

(2) Both the Plaintiff and the Defendant’s building were approved for use on October 10, 1984, and the Plaintiff’s land is located at a place lower than the Defendant’s land.

(3) The daily sewage, etc. generated from the Defendant’s building was concentrated on the house amendment located underground between the Defendant’s building and the Plaintiff’s building, and is discharged by the drain pipe laid down on the Defendant’s land, through the drain pipe laid down on the Defendant’s land.

(4) Around the end of 2016, the Plaintiff requested the Nonparty E, who was in charge of the Defendant’s building, to resolve that the water seen as the daily sewage from the place of the singing room under the Plaintiff’s building (hereinafter “the instant singing room”) is a matter arising from the sewage from the structure, such as the drain pipes, etc. located under the Defendant’s land and the drain pipes, etc.

(5) However, the Defendant and E did not take any special measures against this. The scope of the daily sewage, which was contained in the instant singing room, gradually expanded into the walls and floors inside the singing room, and such water leakages led to an outbreak of mycoin and malodor on the wall.

The non-party F, who operated the instant singing room, was unable to operate his business any longer due to water leakage and malodor, and thus suspended his business from April 2017. The non-party F’s establishment of the Plaintiff’s building by not later than the date of closing the argument in the instant case.

(6) The Defendant on November 2017.