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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
2...
Reasons
1. On August 19, 2005, the Defendant purchased the C Apartment 102 Dong 305 (hereinafter “instant apartment”) in Busan Northern-gu, Busan, and resided therein. On July 3, 2015, the Plaintiff purchased and reside in the same apartment 102 Dong 205 (hereinafter “instant apartment 205”). On September 6, 2015, water leakage (hereinafter “water leakage”) was generated in the instant apartment 205 apartment 205.
[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 1 and 2, and the purport of the whole pleadings
2. The plaintiff's assertion was derived from No. 305 of the apartment of this case owned by the defendant, and the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the leakage of this case.
In the instant case, Fungi occurring in the river, and the Plaintiff suffered mental pain, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 1,980,000 and KRW 2,650,000 in total and KRW 4,630,000 and delay damages for removal of Fungi.
3. Determination
A. 1) Under Article 758 of the Civil Act, the liability for damages incurred to another person due to defects in the installation or preservation of a structure is first to the possessor of a structure, who actually occupies and manages the structure, directly and specifically, and when the possessor of the structure is discharged from liability by proving that he/she did not neglect due care necessary for the prevention of damages (see Supreme Court Decision 92Da23551, Jan. 12, 1993). 2) The owner of the structure is liable for damages in the second place to compensate for damages (see Supreme Court Decision 92Da23551, Jan. 12, 1993). The fact that the water leakage occurred from the apartment site 205 of this case owned by the Plaintiff, and the Defendant is the possessor and owner of the apartment house 305, the immediately upper floor.
In addition, the evidence adopted above and evidence No. 1 mentioned above are the whole purpose of the pleading.