1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is the owner of the second floor 201 (hereinafter “201”) of the third apartment house of reinforced concrete structure slive roof of reinforced concrete structure located in Chungcheongnam-gun C, Chungcheongnam-gun, Chungcheongnam-do, and the Defendant is the owner of the third floor of the third apartment house (hereinafter “301”).

B. From August 6, 2017, the Plaintiff leased No. 201 to D from August 6, 2017, and D was residing in No. 201 since then, and the Defendant kept No. 301 at the time as a public room.

C. The water level of December 26, 2017 was cut off and 201, which led to the flow of water into 201, and accordingly, the ceiling, walls, and floors of 201 were flooded.

(hereinafter referred to as “instant accident”). [The grounds for recognition] The fact that there is no dispute, each entry and video of Gap evidence Nos. 1 through 3 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The gist of the plaintiff's assertion 1) The defendant, as the owner or possessor of 301 and 301, covered the above water measuring instruments with visible materials, such as clothes, etc. in order to prevent the dynamic wave of the water meter and water pipe, and did not take any measures to prevent the dynamic wave. However, since the accident of this case occurred due to the above negligence, the defendant bears the responsibility for structures under Article 758 (1) of the Civil Act or tort under Article 750 (1) of the Civil Act. (2) The plaintiff paid 235,40 won oil expenses, which are heating operating expenses, to D to recover the damage of this case, since the accident of this case was scheduled to pay 850,00 won for repair expenses, and the defendant is obligated to pay damages equivalent to the above 108,500 won to the plaintiff as property damages.