1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Basic facts

A. The Plaintiff is the owner or possessor of No. 201 (hereinafter “Plaintiff building”) moving to the Seo-gu Incheon Metropolitan City C building, and the Defendant is the owner or possessor of No. 301 (hereinafter “Defendant building”) located on the immediate upper floor of the Plaintiff building.

B. On October 2013, 2013, the Plaintiff suffered damage from the damage of a laundry water valve installed in the Defendant Building to a laundr, thereby damaging the ceiling and walls of the Plaintiff’s building, and restored the said damage to its original state around that time.

The judgment of the court of appeal rendered on May 26, 2016 against the Defendant (Korean Government District Court Decision 2014Na16006) partially accepted the Plaintiff’s claim. The reasoning of the judgment is that the Defendant, as the owner or possessor of the Defendant building, violated the duty of preservation, management, and repair of the valves installed in the Defendant Building among October 2013, thereby incurring KRW 500,000 on the part of the Plaintiff, thereby incurring damages to the Defendant. Therefore, the Defendant is obliged to pay damages and damages therefrom.

The above judgment became final and conclusive on June 15, 2016.

C. On February 18, 2015, the Plaintiff suffered damage from damage caused by water leakage of the ceiling and the wall of the Plaintiff’s building (hereinafter “instant water”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 3, Gap evidence 4-1 to 8, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. 1) The parties’ assertion 1) The instant water leakage occurred due to defects in the installation and preservation of boiler installed in the boiler installed in the Defendant’s building claiming the Plaintiff, and the Defendant was liable to compensate the Plaintiff as the possessor of the boiler for the damages under Article 758(1) of the Civil Act. 2) The Defendant’s assertion that the heat generated by cooking a large quantity of foodstuffs on February 18, 2015, the day before the Gu administration, caused the occurrence of a physical phenomenon by having contacted the Plaintiff’s building’s ceiling, and only the boiler installed in the Defendant building.