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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. The Plaintiff is the owner of the G Apartment-gu, Busan Metropolitan Government (hereinafter “instant apartment”) D (hereinafter “instant apartment”) and has resided in the instant subparagraph D from September 2015.
B. The Defendant is the owner of the E-ho, the upper floor of the instant subparagraph D (hereinafter “instant E”).
(c)
The apartment of this case is a newly constructed apartment in 2005, and the sewage of the washing room (balcons) generated from the household from the first floor to the third floor is installed by dividing into pipes to emit the water of the washing room (balconsy) and pipes to emit the water of the washing room (balconsy) generated from the household from the fourth floor to the 11th floor (hereinafter “balcons”), and all of the sewage of the washing room (balconsy) generated from the use of the washing machine in this case’s subparagraph D and E are discharged through the low-rise pipes.
(d)
Since September 2017, the Plaintiff caused water leakage (hereinafter referred to as “water leakage in this case”) around the upper floor of the laundry site in the instant case from around September 2017, the management office and the Defendant have been informed of water leakage damage.
[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1 through 4, and 7 (including each number, hereinafter the same shall apply) and images, witness F's testimony, the purport of the whole pleadings
2. Determination on the main claim
A. The sum of the water leakages generated in the laundry room (balcony) of the Plaintiff’s assertion is due to the rupture defects in the waterproof floor of the E-hound site. As such, the Defendant is liable to compensate for damages incurred to the Plaintiff as a result of a tort (i.e., KRW 2,839,668 (i.e., KRW 1,500,000, KRW 1,500,000, KRW 339,668), as compensation for damages incurred to the Plaintiff due to the leakage of the instant case.
B. Determination 1) The appraiser’s appraisal result should be respected unless there are special circumstances, but there are serious errors in the appraisal process.