1. The Defendant’s KRW 1,435,386 as well as the Plaintiff’s annual rate of KRW 5% from May 19, 2015 to August 21, 2015.

1. Facts of recognition;

A. From around 1991, the Plaintiff resided together with his family in the 106 unit (hereinafter “Plaintiff’s household”) of the 4th floor apartment of Ulsan-gu, Ulsan-gu, Seoul (hereinafter “the instant apartment apartment”) and completed the registration of ownership transfer with respect to the Plaintiff’s household on March 27, 2008 on the ground of inheritance due to the division of adjudication on February 18, 2008.

B. The defendant completed the registration of ownership transfer on May 22, 200 with respect to the apartment 206 of this case (hereinafter "the defendant's household") due to sale and purchase, and from that time, the defendant's household resides together with his family members.

C. The apartment building of this case is completed around October 27, 1986, and the defendant household is located above the plaintiff's household.

피고는 2007년 9월경 피고 세대의 베란다 샷시를 교체하는 공사(이하 ‘피고 세대 공사’라 한다)를 하였다.

E. After the lapse of time due to the deterioration of the part of the construction work, floor waterproof layers, etc., the number of water leakages in front of the Plaintiff’s household, the water leakages in front of the balcony, the water leakages in the inner and inner ceiling of the living room, and the water leakages in the rear balcony was generated.

F. The Defendant’s household repair cost for preventing such water leakage appears to be equivalent to KRW 1,787,450. Around June 2015, the Defendant incurred KRW 1,787,450, while continuing the instant case, and the remainder of the additional cost was borne by the Plaintiff and completed the Defendant’s household repair work.

G. The cost of remuneration for the damage of tinboards and Dogs caused by water leakage that occurred in the Plaintiff’s household due to the defect of the Defendant household is equivalent to KRW 435,386.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, each entry and video of Eul evidence 1 and 2, the result of appraiser D's appraisal, the purport of the whole pleadings]

2. The allegations by the parties and the determination thereof

A. The main sentence of Article 758(1) of the Civil Act, which created liability for damages.