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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.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the Einstion No. 403 (hereinafter “instant apartment”) located in Guro-si (hereinafter “instant apartment”), and the Defendant is the owner of the said Einstion 503 (hereinafter “instant apartment”).
B. 1) Upon purchasing the instant apartment on September 30, 2008, and completing the registration of ownership transfer on October 23, 2008, the Plaintiff purchased the instant apartment from C on June 5, 2015, and completed the registration of ownership transfer on August 4, 2015.2) The Defendant purchased the instant apartment from F on July 29, 2009, and completed the registration of ownership transfer on August 19, 2009.
C. During the Plaintiff’s construction of artificial apartment, the Plaintiff discovered mycoi in the living room ceiling, and attempted to set up his fung in the said apartment. However, there was water falling from the living room ceiling of the Plaintiff’s apartment.
(hereinafter referred to as “instant water”). D.
1) In order to clarify the cause of water leakage in the instant case, the Defendant requested H, which operated “G” on August 24, 2015 (hereinafter “the primary water leakage detection”), to disclose the water leakage (hereinafter “the primary water leakage detection”), but failed to disclose the water leakage. Meanwhile, KRW 100,00 won was incurred at the primary water leakage detection cost, which was borne by the Plaintiff. (2) The Plaintiff also requested the J, which operated “I” on September 3, 2015 (hereinafter “the secondary water leakage detection”). However, the Plaintiff failed to disclose the water leakage.
On the other hand, 30,00 won was required for the second water leakage detection cost, which was borne by the plaintiff.
E. On September 30, 2015, the Plaintiff filed a lawsuit against C (hereinafter “previous lawsuit”) stating that “C shall pay KRW 2.7 million to the Plaintiff by July 29, 2016,” with the effect that “C shall pay the Plaintiff KRW 2,700,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,000
(f).