1. The Defendant’s KRW 3,310,00 and the Plaintiff’s annual rate of KRW 5% from December 29, 2017 to January 22, 2019, and the following.

Facts of recognition

The plaintiff is the owner of Seodaemun-gu Seoul Metropolitan Government B apartment C, and the defendant is the council of occupants' representatives comprised of occupants for the above apartment management, which has the management rules of the apartment, the Housing Act, and the Enforcement Decree of the same Act.

On November 3, 2014, each of the instant apartment units (hereinafter referred to as “the instant excellent pipes”) installed through the bend of each of the instant apartment units (hereinafter referred to as “the instant excellent pipes”) suffered from inundation damage caused by water, garbage, etc. flowing through the Defendant’s household unit, the next generation of apartment units, through the Chobeda excellent pipes owned by the Plaintiff, resulting in inundation of indoor living rooms, etc.

(hereinafter “the instant flood accident”). After June 2015, the Plaintiff completed the relevant construction work at its own expense.

[Ground of recognition] The plaintiff's assertion about Gap's evidence Nos. 1, 5, 6, 7, and 9, Eul's evidence Nos. 3, the purport of the argument as a whole, and the ground of claim as to the purport of the whole argument is asserted that the defendant has a duty to compensate the plaintiff for the total amount of KRW 32,380,000,000,000,000 won or more for property damage caused by the flood accident of this case.

The instant superior officer, as to the existence of liability for damages, is designed to separate rainwater from the rooftop to the underground drainage pipe, and passes through the bend part of each household as a structural necessity of an aggregate building. Thus, in cases where water is discharged from the bend in the household, even if water is discharged from the bend in the city, the instant excellent officer also falls under the section for common use, not the exclusive use part of each household. The Defendant is the managing body of the instant apartment management rules and the relevant Acts and subordinate statutes for the common use area, and is obligated to manage the above excellent pipes and connected underground drainage pipes corresponding to the common use area.

The grounds for the prohibition of this case’s superior officer are as follows.