1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

1. Basic facts

A. The Plaintiff is the owner of No. 101 (hereinafter “instant No. 101”) of the underground floor of the building located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”). The Defendants are the owners of No. 201 (hereinafter “instant No. 201”), the immediate upper floor of No. 101 (hereinafter “instant building”).

B. From February 9, 2016, around the 101st day of the instant case, there was a phenomenon that water flows out on the ceiling and the wall, such as a small bank, a ward, and a bath room (hereinafter “instant water leakage phenomenon”).

[Reasons for Recognition] Facts without dispute, entries and videos of Gap evidence 1 and 8 (including each number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The appraiser’s appraisal result of the right to claim damages should be respected unless the appraisal method violates the empirical rule or is unreasonable (see, e.g., Supreme Court Decision 2010Da93790, Nov. 29, 2012); according to the appraiser E’s appraisal result; and the fact-finding reply to the appraiser E, and the overall purport of the pleading, it is reasonable to deem that the water leakage phenomenon in the instant case was caused by water inflows, not outside the instant building; and that the water leakage phenomenon in the instant case, such as the toilet and beeas referred to in subparagraphs 101 and 201, which are the upper floor, was combined with the water use structure defect in the water use section, such as the toilet and beeas referred to in the instant case.

Defect in the installation or preservation of a structure as referred to in Article 758 (1) of the Civil Act means that a structure has no safety to be ordinarily equipped for its intended purpose.

In this context, the safety that should have been originally installed refers to the safety required in a situation where a structure is installed and used in reality, not only the safety of the structure itself, but also the safety required (see, e.g., Supreme Court Decision 2017Da227103, Aug. 29, 2017). According to the above recognition, the water leakage phenomenon in this case is the cause of defects in the part of exclusive ownership of 201.