1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of Yeongdeungpo-gu Seoul Metropolitan Government C apartment 105 Dong 1502 (hereinafter “1502”), and the Defendant is the owner of the above apartment 105 Dong 1602 (hereinafter “1602”), who is the upper floor of 1502, and is residing in the same place.

B. The Plaintiff: (a) from November 2009 to 1502, Fungi occurring in the ceiling of the living room, and (b) requested a survey, which is a water source, to be conducted by a company specializing in detection of water sources, which has shown corrosion phenomenon caused by soil that flows out of the ber of 1502, and flow out of the ber glass.

C. The reason is that, on September 25, 2013 and October 23, 2013, Ltech Co., Ltd. discovered water leakage (hereinafter “instant water leakage”) respectively. According to the results of the investigation, water leakage generated from the ceiling, etc. of 1502 (hereinafter “the instant water leakage”) came to flow out by the ceiling, etc. of 1502, without waterproof water flowing from the flower located in 1602.

As a result of the appraisal commission by the court of first instance, appraiser D who appraised the causes of water leakage in this case also presented an opinion to the effect that “the defendant asserts the possibility of water leakage on the outer wall, but there is no possibility of water leakage in the room or water pipe, which is another part of 1602. There is no possibility of water leakage in the room or water pipe. The defendant’s assertion related to the investigation of water leakage in the ritech, which is a proviso to presume the defects related to water leakage in the balcony, is rather the case.”

[Ground of recognition] A without dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 3, Gap evidence 8, Gap evidence 14, Gap evidence and video, the result of the appraisal commission to the appraiser D by the court of first instance, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, the defendant, the owner and possessor of 1602, is the owner and possessor of 1502, and 1602, the plaintiff, the owner of 1502.