1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is the owner and the resident of the building listed in attached Form 2 (hereinafter “305”), and the Defendant is the owner of the building listed in attached Form 1 (hereinafter “405”).

B. On July 2013, around 305, water leakage occurred at the left upper part of the entrance of the inner entrance of the door door, the right upper part of the side of the inner entrance of the inner entrance, and the left upper part of the entrance of the inner entrance of the toilet.

(hereinafter “the water leakage of this case”). The water leakage of Nos. 305 is connected with the walls and floors of toilets No. 405.

C. The Plaintiff demanded the Defendant to immediately implement water leakage prevention works on September 2013, and sent a notice demanding the implementation of water leakage prevention works on December 9, 2013, but the Defendant did not perform water leakage prevention works and did not dispute as to water leakage sources.

Accordingly, the Plaintiff filed a lawsuit against the Defendant to seek water leakage prevention work against the Defendant on the toilet floor of 405, and the Plaintiff dismissed the part of the claim for performance of water leakage prevention work on February 12, 2015, and sentenced the Defendant to a partial winning judgment (2014Gahap72) ordering the Defendant to pay the repair cost of KRW 1,030,000, consolation money of KRW 3,000,000,000, which became final and conclusive on June 24, 2015, while the Defendant appealed against the said judgment (2015Na620) and the said judgment became final and conclusive on July 14, 2015.

E. On October 6, 2014, the appraiser C of the instant lawsuit 2014Gahap72 conducted a water leakage test using a dial coloring water in the toilet for the ward as of October 405, 2014. As a result, on October 22, 2014, the dive light coloring water used in a water leakage test carried out on the left side of the entrance of the inner entrance and the right side of the inner door of the inner entrance of the entrance of the entrance, and on October 305, 2014.

F. Meanwhile, after the Defendant was sentenced to the foregoing 2015Na620, the Defendant performed the remodeling construction of toilets referred to in 405 around June 2016, and from July 2016 to June 305.