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The judgment of the first instance court is modified as follows. A.
Of the lawsuits in this case, 500,000 won shall be dismissed.
Reasons
1. The following facts do not conflict between the parties, and the following facts are acknowledged: Gap evidence 1, Gap evidence 3, Gap evidence 5, Gap evidence 6, Gap evidence 7, Gap evidence 8, Gap evidence 9, Gap evidence 12, Gap evidence 13, Gap evidence 14, Gap evidence 15, Gap evidence 22, Gap evidence 23, Gap evidence 24, Gap evidence 27, Eul evidence 28, Eul evidence 28, Eul evidence 10, Eul evidence 10, Eul evidence 11, Eul evidence 32, and Eul evidence 6, Gap evidence 13, Gap evidence 14, Gap evidence 15, Gap evidence 22, Gap evidence 24, Eul evidence 27, Eul evidence 2, Eul evidence 10, Eul evidence 11, Eul evidence 32, and Eul evidence 6, and there is no counter-proof evidence.
The defendant is the owner who completed the registration of ownership transfer on October 4, 2006 for the House C Building D (hereinafter referred to as the "Defendant apartment of this case"), and the plaintiff is the owner who acquired the ownership of the House C Building E (hereinafter referred to as the "Plaintiff apartment of this case") around March 2019, which is the lower floor of the defendant's building of this case.
B. The horizontal structure of the Plaintiff’s apartment and the Defendant’s apartment are as shown in the separate sheet. The Plaintiff’s apartment are located below the floor direction of the Defendant’s apartment. The Defendant’s bathing room of the instant apartment is in contact with the Defendant’s bathing room while sharing the wall abutting on the Defendant’s bathing room. The Plaintiff’s bedroom 1 was in contact with the Defendant’s bedroom 1 while sharing the wall abutting on the Defendant’s bedroom 1. The wall jointly owned by the desire of the Defendant’s and F and the wall jointly owned with the Plaintiff’s apartment and G are the same structure with the same wall. The bathing room of the Defendant’s apartment overlaps with the part of the bedroom 1,000 square building, the immediate lower floor below the Defendant’s apartment.
C. On April 25, 2019, the Plaintiff generated water leakage on the wall surface of the tent of the Plaintiff apartment site 1 (hereinafter “the instant bedroom”) and on the middle wall of the instant apartment site.
On April 26, 2019, leakage was confirmed in F, and from April 26, 2019
5.1.1.