1. The Defendant’s KRW 9,255,700 as well as 5% per annum from March 9, 2019 to July 8, 2020 to the Plaintiff.

1. Grounds for and restrictions on liability for damages;

A. The Plaintiff is the owner of the Yeonsu-gu Seoul Apartment D (hereinafter referred to as the “Plaintiff apartment for convenience”) and the Defendant is the owner of the E-ho, the immediate upper floor of the same apartment (hereinafter referred to as the “Defendant apartment for convenience”) does not have any dispute between the parties, and if the purport of the entire pleadings is added to some of the entries or images of Gap 2-6 and the appraiser F of this court, and the result of the appraisal commission (including the result of fact inquiry) by this court, the Plaintiff started from around 2017 to the floor of the apartment. The main cause of the phenomenon occurred. As a result of the investigation of the main cause of the phenomenon, the fact that this water leakage occurred in the Plaintiff apartment due to water from the balcony and the upper floor of the Defendant apartment that completed the extension work for a long time is the ceiling of the Plaintiff apartment.

B. According to these facts, there is sufficient room to view that the defect in the preservation of the apartment complex caused the result of infringing the Plaintiff’s property right, and that the phenomenon was negligent in the process of leaving the apartment complex left for one year without correcting it early. Thus, barring any special circumstance, the Defendant is liable to compensate the Plaintiff for all damages suffered by the Plaintiff pursuant to the main sentence of Article 758(1) of the Civil Act.

C. However, according to the above-mentioned evidence, among other causes causing such water damage to the plaintiff's apartment, there is also a circumstance where other factors, such as the characteristics of the apartment structure constructed so that rainwater can flow in a string, depending on the balcony outer wall, are included in the co-ownership of the co-owned part, such as the cracks of the balcony outer wall of the apartment. Thus, it is difficult to see the defendant's responsibility only in accordance with the principle of fairness.