1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Defendants.

1. Basic facts

A. The Plaintiff is the owner of the E Apartment No. 103 Dong 702 (hereinafter “Plaintiff apartment”) located in Nam-gu Incheon Metropolitan City, and the Defendants are the owners (share ratio: Defendant B 3/5 and Defendant C2/5) of the same 103 Dong Dong-802 (hereinafter “Defendant apartment”) located in the same apartment as that of the same apartment.

나. 한편 2013. 6.경 원고 아파트의 발코니 천장 일부분에 도장(塗裝, 페인트칠)의 들뜸현상(이하 ‘이 사건 천장들뜸현상’이라고 한다)이 발생하는 문제가 발생하였고, 원고가 2013. 6. 14.경 윗층에 거주하는 피고들에게 ‘피고들 아파트 발코니 또는 샷시에서 물이 샌다’는 취지로 항의하면서, 원고 아파트에 발생한 이 사건 천장들뜸현상이 그 윗층에 거주하는 피고들 책임인지 여부에 관하여 당사자들 사이에 분쟁이 발생하였다.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The result of the plaintiff's claim is that the defendants provided water in daily life while growing the upper floor of the apartment building to the balcony, and that there exist inside the balcony floor of the defendants' apartment buildings, etc., which caused problems including the defendants' living sphere. Thus, this is within the scope of the defendants' responsibility, and (1) the defendants jointly and severally pay the plaintiff the compensation for damages (136,00 won in cumulative color coloring expenses) due to the infringement on ownership. (2) The defendants are obliged to prevent the infringement on ownership by performing waterproof treatment and water leakage prevention construction on the balcony floor of the balcony.

As to this, the defendants' apartment building of this case does not cause the life sphere on the part of the defendants, the upper floor, but rather causes the plaintiff's apartment.