1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On March 4, 2014, the Plaintiff leased from D, the first floor (hereinafter referred to as “instant store”) among the above-ground buildings (hereinafter referred to as “instant building”) of Geumcheon-gu, Busan (hereinafter referred to as “instant building”) for the term of KRW 50 million, monthly rent of KRW 1.2 million, and the term of lease from March 4, 2014 to March 4, 2019, and operated a restaurant at the instant store from around that time to March 4, 2019.

B. Around August 2016, Defendant B purchased the instant building from D and succeeded to a lessor’s status under the said lease agreement with the Plaintiff. Around March 2017, water leakage (hereinafter “the instant water leakage”) occurred in the underground ceiling of the instant building, and the lessee of the underground floor filed a request against the Plaintiff to repair and change underground ceiling parts, which led to a dispute regarding the cause of water leakage between the Plaintiff and the Defendant B.

C. On September 16, 2017, Defendant C, with the trade name of “F, engaged in a business such as housing repair, bathing, etc. with her husband G, was found to be due to the fact that the cause of the instant water was not a waterproof construction of the toilet floor of the instant store leased by the Plaintiff. On the same day, Defendant C prepared and delivered a letter stating that “The cause of water leakage of the instant building is the toilet of the instant store, and the result would be responsible for compensation when the result would be correct” (hereinafter “each letter of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 20, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff spent construction costs of KRW 2,710,00,00 for the purpose of diagnosing and resolving the causes of water leakage in the instant store, including removing the toilet floor of the instant store and newly constructing waterproof construction. The cause of water leakage in the instant case is not because the Plaintiff was a matter of waterproofing the toilet floor of the said store leased by the Plaintiff.