1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff is the owner of multi-household housing 1 (hereinafter “Plaintiff housing”) on the second floor of the Dongjak-gu Seoul Metropolitan Government Daro Dorobebro (hereinafter “the instant multi-household housing”), and the Defendant is the owner of the first floor of multi-household housing (hereinafter “Defendant Housing”) located on the right upper floor of the Plaintiff’s housing.

B. From December 2013, leakage phenomenon occurred inside the Plaintiff’s house.

C. D around April 2014, the water leakage detection test was conducted on the Defendant’s housing, and it was found that the sewage was discharged from the sewage pipe below the Defendant’s housing site.

[Ground of recognition] Facts without dispute, Gap evidence 6-1 and 2, Gap evidence 1-1 through 3, Gap evidence 9-1 through 8, Gap evidence 13-1 through 5, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (A) the PVC oil station connecting the sewage pipes at the site and at the bottom of the Defendant’s housing was set, and there was a water leakage and water leakage phenomenon in the PVC oil station and the Plaintiff’s housing due to the lack of waterproof treatment even if the sewage pipes buried on the PVC oil station and the bottom were not installed. As such, the Defendant is liable to compensate the Plaintiff for the Plaintiff’s damage pursuant to Article 758(1) of the Civil Act.

(B) Even if the defect of the common sewage culvert used by four households residing on the ground of the instant multi-household house, which caused water leakage in the Plaintiff’s house, the defect of the common sewage culvert was combined with the defect of the section for exclusive use in the Defendant’s house, and thus, the Defendant is jointly and severally liable with the head of the household residing on the ground of the instant multi-household house.

(C) The water leakage phenomenon of the Plaintiff’s housing continued for a period exceeding 6 months, thereby causing damages to the floor of the Plaintiff’s housing, including water dysing, etc., and such obstruction of life constitutes a tolerance limit.