The judgment of the first instance, including the claims extended by this Court, shall be modified as follows:

The defendant.

1. Basic facts

A. On November 10, 2017, the Plaintiff acquired the ownership of Gangnam-gun C Apartment D (hereinafter “Plaintiff apartment”) and resided in the Plaintiff apartment. The Defendant is the owner of the E-ho and F, the upper floor of the Plaintiff apartment (hereinafter “Defendant apartment 000”).

B. From January 28, 2018, water leakage (hereinafter “water leakage in this case”) occurred in the Plaintiff’s apartment complex from the ceiling, and as a result, damage was inflicted on the Plaintiff’s ceiling, wall surface, floor surface, pressing, etc. inside the apartment.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 7, 12, and 13 (including Serials)'s descriptions, images, and the purport of the whole pleadings

2. The defendant's judgment on this safety defense should first file a claim for damages against the plaintiff against the defendant's apartment E and the tenant and the occupant of the defendant's apartment E and F, so the lawsuit of this case against the defendant should be dismissed. However, in the performance lawsuit, the defendant's qualification in the performance lawsuit is replaced by the plaintiff's claim itself, and the decision is made by the person asserted as the payment obligor by absorbing the judgment on the propriety of the claim, and thus, the defendant's above assertion is not accepted (see Supreme Court Decision 95Da18451, Nov. 28, 1995).

3. Judgment on the merits

A. The plaintiff's assertion 1 of the parties asserted that the number of this case occurred due to the defect in the defendant apartment F, and accordingly, the plaintiff suffered property and mental damage. Accordingly, pursuant to Article 758 of the Civil Act, the defendant, the owner of the defendant apartment, was the plaintiff, 9,911,00 won for repair of the plaintiff's apartment, 9,11,000 won for the wall, floor, floor, household, etc. of the plaintiff's apartment, 4,796,000 won for repair of the plaintiff's heating pipe of the plaintiff's apartment, 4,796,000 won for the plaintiff's apartment during the 18-month period from January 28, 2018 to September 28, 2019.