1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 197, the Plaintiff newly constructed a commercial building with the size of 1st underground and 5th ground on land outside Busan-gu, Busan-do (hereinafter “Plaintiff’s building”) and owned the above building until now.

B. On February 207, 2007, SME newly built a commercial building of the size of 2 underground and 15 stories above the ground on the land outside Busan, Busan, Busan, which was adjacent to the Plaintiff’s building (hereinafter “Defendant’s building”), and sold it to Youngdong Construction Co., Ltd. on May 22, 2008, and on March 21, 2012, Youngdong Construction Co., Ltd again sold it to the Defendant on March 21, 2012. At the same time, the Defendant completed the registration of transfer under the name of the Defendant and completed the registration of transfer on the ground of trust in the future of the Korea Exchange Bank.

C. Since the construction of the Defendant building, water leakage has started on the part of the windows on the first floor of the Plaintiff’s building, and this is proceeding until now.

[Ground of recognition] Evidence Nos. 1-1 and 2-2, Evidence No. 3-1, 2, and 3-2 of each video, the purport of the whole pleadings

2. The Plaintiff’s assertion did not occur any water leakage before the construction of the Defendant’s building. In constructing the Defendant’s building, the Defendant did not properly perform construction works for the prevention of water leakage, and did not take any measures even after the Defendant acquired ownership of the building, thereby continuing to flow out water toward the underground parking lot of the Plaintiff’s building, and the Plaintiff suffered property damage equivalent to KRW 188,90,000, 193,900,000, including construction cost, and KRW 5,000,000.

Therefore, the defendant, as the possessor or the actual owner of the defendant building, has the duty to compensate the plaintiff for the above damages pursuant to Article 758 of the Civil Act.

3. First of all, as to whether there exist any defects in new construction and management of the Defendant building, the health class, Gap evidence 2, and Gap.