1. The Defendant’s KRW 3,588,636 as well as the Plaintiff’s annual rate of KRW 5% from February 7, 2018 to March 28, 2018.

1. Facts of recognition;

A. On October 6, 1995, the Plaintiff acquired the ownership of C Apartment 203 and 801 (hereinafter “instant 801”), and on June 24, 2013, the Defendant acquired the ownership of 901 (hereinafter “instant 901”) located on the immediate upper floor of the instant 801 among C Apartment 203 and 203 Condominium 203.

B. Around January 2017, a water leakage phenomenon occurred in the large bank, small bank, and beeasia portion of the instant 801.

(hereinafter referred to as “instant water accident”). / [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 and 4 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Determination

A. In full view of the records in Gap evidence No. 4, appraiser D's appraisal results, the fact-finding results of this court's inquiry about D, and the whole purport of the pleadings, water leakage occurred from the floor heating pipes located in the section of exclusive ownership No. 901, and thereby, the fact that water leakage accident of this case occurred can be acknowledged.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by the defect in the property owned by the defendant.

B. In full view of the purport of each statement in Gap evidence Nos. 5 and 8 of the scope of the liability for damages of this case, since the water leakage in this case occurred from each of the above 801, such as fung occurrence due to water leakage and fruit, and escape from remote areas, the plaintiff paid KRW 5,020,00 to repair works of this case under 801, the fact that the plaintiff paid KRW 5,020,000 to repair works of this case, and the fact that 934,155, and 26,905, each of the above repair costs of this case is acknowledged to be incurred to repair the flood rooms of this case, 81,060 won (5,020,000 won,934,155 won, 26,905 won) in total, the defendant is liable to compensate the plaintiff for damages equivalent to the above repair costs of this case.

C. The apartment house of this case subject to the limitation of liability for damages is an apartment house for which several years have passed since it was constructed.