1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

On September 3, 2015, the Plaintiff completed the registration of ownership transfer with respect to 11 households, such as E (hereinafter referred to as “instant E”) among 16 households of buildings D (hereinafter referred to as “instant housing”) on the ground of land, c and 3 parcels, etc. at the permanent residence of September 3, 2015.

On September 14, 2015, the Defendant completed the registration of ownership transfer relating to the instant housing Fho Lake (hereinafter “instant F”).

Around February 2016, the boiler pipes, etc. of the instant Fh were destroyed, and the water leakage of the instant E (hereinafter “instant water leakage”) occurred.

【In accordance with Article 758(1) of the Plaintiff’s Civil Act, the Defendant, as the owner or possessor of the instant subparagraph F, shall compensate the Plaintiff for damages incurred by the defect in the installation or preservation thereof, pursuant to Article 758(1) of the Plaintiff’s Civil Act, as the owner or possessor of the instant subparagraph, who is a structure, pursuant to the fact that there has been no dispute.

Therefore, the defendant is obligated to pay to the plaintiff 19,538,823 won and damages for delay equivalent to the repair cost under the subparagraph of this case.

The Defendant merely acquired the ownership of the instant F for the purpose of collateral security, and the actual possessor and owner are G. As such, the Defendant, as the possessor or owner of the instant F, is not liable for damages against the Plaintiff.

Judgment

In full view of the following circumstances, it is reasonable to view that the Defendant acquired the ownership of the instant subparagraph F from G for the purpose of securing the claim, and that G actually occupied the instant house from the completion of the instant house to the time of the occurrence of the instant water leakage, etc. As such, G, who was the occupant of the instant subparagraph F, may be liable to compensate the Plaintiff for damages due to the leakage of the instant water, apart from the fact that there is room for the existence of room for liability against the Plaintiff.