1. Defendant D:

A. The Plaintiff A’s KRW 13,517,260 and the annual rate of KRW 5% from January 5, 2017 to February 9, 2018.

1. Facts of recognition;

A. The Plaintiffs are co-owners who completed the registration of ownership transfer on April 8, 2005 with respect to 1/2 shares of each of 1/2 shares among the 1004, 2001 and 2001 (hereinafter “Plaintiff apartment”) of the Division-gu, Seongbuk-gu, Seongbuk-si (hereinafter “E apartment”).

Defendant C is the owner who completed the registration of ownership transfer on February 24, 2012 with respect to E apartment Nos. 1004, 2101 (hereinafter “Defendant apartment”).

Defendant D is a person who was residing in the Defendant’s apartment at the time of the instant water leakage accident, which is seen below by Defendant C’s fraud.

B. On October 12, 2016, at the entrance of the Defendant apartment, there was no connecting part of the PB pipe to the redemption box of heating distribution box at the entrance of the inside of the Defendant apartment, and the heating was leaked, and water was drained on the Defendant apartment.

As a result, the plaintiff's apartment was damaged by water leakage.

(hereinafter “instant water accident”). C.

Property damages are 35,763,601 won in total, as shown in the attached Form.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 12 (including numbers; hereinafter the same shall apply), the appraiser F's appraisal result; the result of this court's entrustment of appraisal to appraiser F; the fact inquiry result of this court's inquiry about appraiser F; the purport of the whole pleadings

2. Determination

A. According to the above facts, Defendant D is obligated to pay KRW 35,763,601 to the Plaintiffs pursuant to Article 758(1) of the Civil Act as the possessor of Defendant apartment building.

B) A similar water leakage accident occurred around July 10, 2013 between the Plaintiff’s apartment and the Defendant’s apartment on the limitation of liability (hereinafter “the first water leakage accident”).

(2) At the time, Plaintiff A filed a lawsuit against Defendant C seeking reimbursement of KRW 20,000,00,000, with Suwon District Court Sung-nam Branch 2013Da3812, Nov. 28, 2013. As a result of the appraisal conducted in the said lawsuit, the repair cost was assessed as KRW 25,14,418. On January 14, 2015, the court ruled that the Plaintiff would pay KRW 20,00,000,000 claimed by the Plaintiff. The said judgment became final and conclusive on February 3, 2015 (based on recognition):