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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
1. As to the judgment of the first instance court where the plaintiff's main claim is partially accepted, and the defendant's counterclaim is dismissed, the judgment of the first instance as to the counterclaim is affirmed by filing an appeal only for the part against the defendant as to the main claim among the judgment of the first instance, and the judgment of the first instance as to the counterclaim is limited to the part concerning the main claim of the judgment of the first instance.
2. Comprehensively taking account of the overall purport of the pleadings in each statement and image of Gap evidence Nos. 1 through 3 (including paper numbers), the plaintiff is the owner of Eunpyeong-gu Seoul Metropolitan Government 201, and the defendant is the owner of the above 301, and the defendant is the owner of the above 301, and the water leakage number due to the heat and pipe heat in the room room No. 301, Jan. 30, 2013, the remote area in the school room No. 201, supra, put fung in the water, and fung in the wall, etc. on Dec. 4, 2013, the fact that fung generated from the water leakage of the plaintiff's house No. 301, Dec. 4, 2013; the fact that 56,500,000 won move to the household located in the room and transferred to the room all of 1 million won.
The defect in the installation and preservation of a structure under Article 758 (1) of the Civil Act refers to a state in which a structure fails to meet safety requirements ordinarily for its use. According to the above acknowledged facts, the water leakage in this case occurred because water pipes within the above 301, which are the structure, have no safety requirements for its ordinary use. Thus, the defendant, the owner, is liable to compensate for the damages suffered by the plaintiff due to water leakage in this case, and it is reasonable to 1,56,500 won for its damages.
Therefore, the defendant is one thousand five hundred won and five hundred won for the plaintiff, and the delivery day of a copy of the main office of this case is from April 7, 2015 to September 30, 2015. The main text of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is as follows.