1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

1. Basic facts

A. The Plaintiff is residing in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, Daz. (hereinafter “D”), and the Defendant is the owner and resident of the same Daz. (hereinafter “E”).

B. On October 8, 2018, water leakage began in the Daho toilet basin around October 2018.

As a result of leakage detection, it is presumed that leakage occurred due to defects in subparagraph (e), but the defendant did not recognize it and did not comply with the plaintiff's demand for repair.

C. At the end of the Plaintiff’s establishment of the Defendant, the Plaintiff directly interfered with the construction business operator F, thereby requiring the leakage detection and waterproof construction for E.

F made a visit to and investigation into the third floor of CBL, and it revealed that the leakage number of D is the bottom of the bathing tank for E-head toilets. From October 31, 2018 to November 2, 2018, F made the waterproof construction and bathing replacement construction of the above toilet floor.

After the construction, sub-paragraph D did not occur any longer.

The F claimed construction cost to the Defendant, but the Defendant refused to pay it.

Accordingly, the plaintiff paid construction cost in lieu of 9 million won to F.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6 (including paper numbers) and the purport of the whole pleadings

2. Determination:

A. 1) According to the basic facts, it may be recognized that the number of subparagraph D has occurred due to the defect in the building of subparagraph 1. Thus, the defendant possessing and owning subparagraph 1 is liable to compensate the plaintiff residing in subparagraph 4 for all damages caused by the leakage. 2) The defendant alleged that the defect in the 3rd or fourth floor can be the cause of leakage in subparagraph 4, but the video of subparagraph 1 is insufficient to recognize it, and there is no other evidence to acknowledge it.

This part of the defendant's assertion is not accepted.

B. According to the facts based on the scope of compensation for damages, the Plaintiff bears the cost of waterproof construction and bathing replacement. Thus, the Plaintiff is recognized.