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

1. Under the facts, facts below the basis may be acknowledged either in dispute between the parties or in the entries in Gap evidence Nos. 9 and 10 together with the whole purport of the pleadings.

The Plaintiff is a person who operates the instant building and the said office in Mapo-gu Seoul Metropolitan Government E 3rd floor (hereinafter referred to as “instant building”) in the office of a certified judicial scrivener.

B. The Plaintiff’s Intervenor is the Plaintiff’s 411 owner on the immediately upper floor of the instant officetel (hereinafter “ Intervenor’s officetel”); and the Defendant is the Plaintiff’s owner of the 511 officetel located on the immediately upper floor of the Intervenor’s officetel (hereinafter “Defendant’s officetel”).

C. On October 10, 2013, there was an accident that inundations the walls, floors, etc. of the Intervenor and the Plaintiff’s officetels from the water pipes buried between the floor of the Defendant Officetel and the ceiling of the Intervenor’s officetels.

(hereinafter referred to as the “instant accident”). The above water pipes are connected to the main water pipes of the entire building of this case and supplied hot water to Defendant officetels.

2. Occurrence of liability for damages;

A. According to the evidence of the above determination on the ownership relationship of water pipes, the instant accident is acknowledged to have caused water erosion between the two sides of the water pipes buried between the floor of the Defendant Officetel (the fifth floor) and the ceiling of the Intervenor Officetel (the fourth floor).

The plaintiff asserts that the defendant is the owner of the above underground water pipeline and asserts the liability for damages due to the defect in the installation or preservation of a structure under the proviso of Article 758 (1) of the Civil Act. Thus, the defendant first is the owner of the above underground water pipeline.

The purpose of the water supply pipes is to supply hot water to the Defendant Office, which is connected to the pipes that supply water to the entire building of this case, as seen earlier.