1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. From August 18, 1989, the Plaintiff’s Intervenor owned the building of 1st underground and 4th ground located in Daegu-gu, Daegu-gu (hereinafter “instant building”). Around May 10, 2015, the Plaintiff leased the underground floor of the instant building from the Plaintiff’s Intervenor to the Plaintiff’s Intervenor, and thereafter, operates the instant main points of “D” (hereinafter “instant main points”).

B. From June 29, 1987 to June, 29, the Defendant is a person who owned the second floor building located in Junggu-gu, Daegu-gu, and its neighboring to the instant building (hereinafter “Defendant building”).

C. From August 2016, the Plaintiff entered into a waterproof construction contract between F and F, who operates the J on June 10, 2017, setting the construction cost of KRW 20,803,200 as the intermediate construction cost, and paid KRW 5,00,00,00 as the intermediate construction cost to F on July 24, 2017.

F’s staff G confirmed that, around August 16, 2017, water discharged from the main toilet of “K” on the first floor of the Defendant building through the purification tank of the Defendant building, the water discharged from the main toilet of “K” flows out from the ground to the outer wall part between 1.5 meters underground from the ground of the instant building through the purification tank of the Defendant building, and determined that the water leakage of this case was caused by the defects in the aforesaid septic tank.

E. In the course of the appraisal of the causes, etc. of water leakage in the instant case, appraiser H of the first instance trial prepared “the current status of water leakage by time zone, etc.” and finally, “the wastewater generated from the first floor of the instant building and the toilets, etc. of the main stations of the instant case is discharged as a sewage man on the ground, and no separate water leakage status is confirmed.

As a result of the survey on the status of the operation and suspension of sewage pumps installed in the purification tank of the defendant building and the sewage outflow route after the coloring, the sewage of the above septic tank is discharged as a man-man of sewage within the site of the defendant building.