1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Basic facts

A. The Plaintiff is the owner and the resident of the Fri-gu Busan Metropolitan Government C Building (hereinafter “instant B”) D (hereinafter “instant D”) and the Defendant is the owner and the resident of the instant B lending E (hereinafter “instant E”).

B. Each leakage occurred in the instant subparagraph D around August 2013 and April 2016.

Accordingly, waterproof construction, etc. was performed in part of the instant lending building, such as the amount of waterproof water in the creative frame of this case, and the Defendant paid KRW 2.6 million to the Plaintiff on November 25, 2016 as compensation for water leakage damage incurred around April 2016.

C. On May 2018, around the instant case’s 2018, water leakage occurred again from the wall of a tent, such as a small bank, large bank, and living room, and the wall of a wall, and there was a phenomenon, such as milch and funging.

(hereinafter referred to as “instant water”). D.

After the occurrence of water leakage of this case, the owners of the loan of this case withdrawn one million won each, and performed construction, such as waterproofing the rooftop of the loan of this case. At the defendant's expense, sewage pipes, etc. of the Eth floor of this case were repaired, and no longer the water leakage of this case occurred.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 12, 37, 38, Eul evidence 3, 4, and 6, the purport of the whole pleadings and arguments

2. The parties' assertion

A. Since the damage caused by water leakage in the toilet sewage pipes and waterproof water leakages of Plaintiff E caused to the following, the Defendant, the owner and occupant of the instant subparagraph E, is liable to compensate the Plaintiff for the damage caused by water leakages of this case.

B. The possibility of leakage of the instant case cannot be ruled out due to the deterioration of the building, and the exact cause of leakage cannot be known, and it is not due to the defect in the instant subparagraph E.

Even if the defendant's liability for the water leakage of this case is recognized, the amount of damages claimed by the plaintiff is all of the defendant.