1. The plaintiff's appeal is dismissed.

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

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

1. The parties' assertion

A. The Plaintiff owned the Guro-gu Seoul Metropolitan Government Housing D (hereinafter “Plaintiff Housing”) and was residing in the above housing, and the Defendant is the owner of the same loan E (hereinafter “Defendant Housing”) as the next house of the Plaintiff Housing.

On February 7, 2018, water leakage was discovered and constructed in the Defendant’s housing. The water leakage problem was not resolved due to the above construction works, and thus, the Plaintiff’s housing was flooded, and thereby, the current door mold of the Plaintiff’s housing was corrosioned, and the Plaintiff was unable to live a normal life.

The plaintiff requested the defendant to resolve the problem of water leakage on several occasions, but the defendant is refusing to comply with it.

It is expected that the costs of the plaintiff's damage recovery are equivalent to 4,99,000 won.

Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 4,990,000 and damages for delay calculated from February 7, 2018.

B. Although there was a fact that the Defendant’s house built water leakage, the water leakage problem was resolved, and there was no additional water leakage.

Plaintiff

The inundation of the housing seems to be the cause of leakage according to the cracks generated from the outer wall of the building adjacent to the entrance of the plaintiff's house.

Plaintiff

Since the housing and the housing belonging to the defendant are very aging, and both the plaintiff and the defendant are located underground and are vulnerable to water leakage, the defendant, the owner of the plaintiff's housing, cannot be held liable for the flood problem of the plaintiff's housing, and the flood of the plaintiff's housing is irrelevant to water leakage of the defendant's housing, so the plaintiff's claim is without merit.

2. Determination

A. In tort, the burden of proof on the existence of harmful act by intention or negligence and the causal relationship between the act and the occurrence of the loss lies on the claimant.

(See Supreme Court Decision 2009Da92272 Decided March 25, 2010, etc.). B.

(b).