1. The plaintiff's appeal is dismissed.

3. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff owns the C apartment D (hereinafter “Plaintiff apartment”) in Jeju-si, and the Defendant owns the apartment E (hereinafter “Defendant apartment”) adjoining the Plaintiff’s apartment.

B. The balcony of the Defendant apartment in the small apartment of the Plaintiff is facing the wall.

On January 21, 2017, the Defendant connected and installed cooling water pipes inside the above wall to install washing machines in the balcony of the apartment of the Defendant, and around January 21, 2017, water breach of trust occurred in the middle of the wall of the apartment of the Plaintiff, and the fung generated fung.

C. The expenditure of KRW 1,776,903 is expected to be incurred for reconstruction after demolishing the cooling water pipe of the balcony of the Defendant apartment complex, and the removal of the Plaintiff apartment site’s wall exhaustor and floor board and the reconstruction is expected.

[Reasons for Recognition] Uncontentious Facts, Gap 1-3 evidence, result of field inspection by the court of first instance, the result of appraisal by the appraiser F of the court of first instance, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion as to the cause of the claim was that the Plaintiff leased the Plaintiff’s apartment to gain profits from the lease of it, but the Plaintiff could not lease the Plaintiff’s apartment from January 2017 to January 2019, when the Plaintiff’s fung level of water breach of trust occurred due to the heat in the water pipe of the Defendant apartment.

Therefore, the Defendant is obligated to pay the Plaintiff the repair cost of KRW 1,776,903 due to the heat of water pipes, ② the rent of KRW 14 million due to the heat of water pipes, ③ the management cost of KRW 1,804,360, ④ the sum of KRW 22,581,263, and damages for delay.

3. Determination

A. According to the above facts acknowledged as above, the Defendant’s damages suffered by the Plaintiff due to the heat of water pipes in the Defendant apartment complex caused water breach of trust in the middle of the small wall of the Plaintiff apartment complex, and the fungum occurred. Therefore, the Defendant shall compensate for the damages suffered by the Plaintiff due to the heat of water pipes.